Document gDRmrYQ3qkeNRekNrbO1Gp3Q9

FILE NAME: Early Asbestos Damage Suits (EADS) DATE: 0000 DOC#: EADS034 DOCUMENT DESCRIPTION: Documents from Case of Nick Bojko * PP STATi CF ILLINOIS ) ) 33 COUNTY OF C O O K } NICK BOJKO IN THE SUPERIOR COURT OF COOK COUNTY VS No- P9^9 JOHNS UANVILLS CORPORATION >. A CORPORATION } COMPLAINT AT LA^Y C0 U KT I The plaintiff, NICK BOJKO, complains of the defendant, JOHNS UAKVTLLE CORPORATION, a corporation, and says; 1 1. That on or about the 3^th day of March, .D., 1932, & > % j V i the defendant, JOHNS MNVILLE CORPORATION, was a duly organi zed and authorized corporation, doing business In the State ft 'X ^ of Illinois, County of Lake, and City of Waukegan, at which > * time and place, it owned, operated, and maintained a factory, mill, or establishment for th^ purpose of manufacturing asbes '!-11 tos in its various forms. 2. That the said defendant, in its factory, owned and ft % 4 operated a certain department known as the mixing room, in which asbestos, fibre, cement, rock, and other ingredients were mixed together for the purpose of making fibre block; that in the mixing room, certain ingredients were mixed to gether for the purpose of making rock wool blocks, and dur ing these processes, a ereat deal of dust from asbestos, fibre, cement, rock, and other materials we^c caused to and did im pregnate the air in said premises in such great quantities as to be rreatly deleterious to the health of human beings. 3. That on the aforesaid day and at the time and place aforesaid and zor a number of years prior thereto he was in the employ of said ce fendant, and worked ae a laborer, mixing r- '>*?V ^ asbeetOR, fibre, cement, rock, ana otner ingredient* together for the purpose oi making!; fibre block, and also mixing other insrecients together for the curpose of making rock wool blocks, during which time, he was exposed and subjected to a great deal of the aforesaid dusts circuiatinp in and about the said mixing room. 4. That in the carrying on of the said business by the defendant as the same was being done and for many years prior thereto had been conducted, the cefenaant knew and by the ex ercise of due care and caution should have known that the same was apt to and did produce the ilmess and disease in the plaintiff oi* which the plaintiff now complains, which ill ness and disease is peculiar to such work and process used in the carrying on of said business, ts which employees were and are not ordinarily exposec in other lines of employment. 5 . That the plaintifi was caused to and did, during the perica aforesaid, necessarily briatr.e _n large quantities of asbestos dust, fibre dust, cement cast, rock dust, and other dusts through his nose and mouth, and said dusts became lodged in his throat and lungs, causing the illnesses herein complained of, while he, the plaintiff, was in the exercise of due care and caution for his own personal health and safety. b. That the plaintiff was in entire ignorance of the dangerous character of tne various dusts to which he was ex posed ana to tue specific nature of the disease or diseases that wcula or could result from the inhalation of the afore said ousts, and was never, at any time, informed by any agent of the defendant oi the f^ct t:*at suer, danger did ox could possibly exist. 7 . That at und during m e aforesaid time and place, the defernaan t did one or other 01 the following acts, thereby cau sing t.-e Diaintifi to contract and succumb to the occupational diseased cnown as pneumoconiosis anc tuberculosis, os a result whereof, he ftns lost cotv-xaer***# weight; he has been incapa- -- * -- ----------- ' - | r in *' i* ' v. citat,ed and weakened so tuat ho cannot yr*wrii. a y woik for which he is fitted; that no has suffered great mental auu phy sical pain and anguish ana will continue to bo suffer for the rest of his life; that he has become liable for and expended ^ large cams oi money in ana about endeavoring to be cured of hie illnesses as aforesaid; he has been prevented and hindered from attending to his usual occupation and business whereby he has lost divers great gains and profits and will continue to lose divers great gains and profits, (a) wilfully failed to provide reasonable and approved devices^ methods, or means for the prevention of said diseases, contrary to the provisions of Section I of an Act entitled, "An Act to Promote the Public Health by Protecting Cextain Employees in this State from the Dangers of Occupational Diseases'1, and providing for the enforcement thereof, in this that there were, in and about the said premises, no proper suction fane or other i apparatus provided for collecting the injurious dusts in the air in and around the saia premises where plaintiff worked; that the . defendant failed to provide masks or respirators or other apparatus to be used or worn bv said plaintiff which would effectively pre vent him from inhaling the said dusts caused to impregnate and float in the air in and about the said premises as provided by the said statute, and which would effectively prevent the plaintiff from contracting the diseases herein complained of. (b) negligently failed to remove as far as practicable, by either ventilating or exhaust devices, the aforesaid injurious dusts from the premises in which the plaintiff worked, contrary to Section 12 of an Act concerning the health and safety of em ployees in factories, mercantile establisnmenta, mills, and work shops in the State of Illinois. (c) negligently causea and permitted the premises to be swept so as to raise asbestos dust, fibre dust, cement dust, - jf '. - t i*wawwww iaB!aa ^ i ^ ^ X ^.Ci. .-Ui 0 , Jiiv* O U t f l c . C W. .w 1 <J ^ .V L S- -<-!. I concerning the nenl th and safety of employees in factories, mercantile establishments, mills, and workshops. Plaintiff asks judgment for Fifty Thousand Dollars (*>0,000). SOL AHDHEW3_________ Attorney for Plaintiff i