Document r6mqO942B7yqkOGQ1eRGK3RNG

FILE NAME: Early Asbestos Damage Suits (EADS) DATE: 1935 DOC#: EADS037 DOCUMENT DESCRIPTION: Documents from Case of Luis Perez IIS Ties DISTRICT COURT CF TH UNITED STAT13 FOR THE NORTHERS DISTRICT OF ILLINOIS EASTERN DIVISION LUIS PEREZ ) V8. ) joiD;s^Jur;iLLs p r o d u c t s ) CORPORATION, a corp. ) COMPLAINT AT L*H NOff COME3 THE PLAINTIFF, LUIS PEREZ, by hi attorney, WAX L. RASOFF, end complain* of the defendant, JOHNS-HASTILLS PRODUCTS CORPORATION, a corp. f of trespass on the c o b , end further complains a follow*: Plaintiff aver that the above entitled suit ia brought against tho defendant for the sum of Fifty Thousand ($5000-00) Dol lar* for personal injuries sustained by reason of a so-called "occupo- ticnal disease* and that this action is wholly of a civil nature; 'that the matter and amount in dloputo in the said cult exceed, exclusive of interest and costs, the eura of Three Thousand ($3,000,00) Dollars, all of which will ore fully appear fro the following paragraph; that the defendant herein is, and was at the cosasencenent of this suit, a foreign corporation, duly formed, created and organised under and by virtue cf the laws of the State of New fork, having ite principal place of residence in the City of ITew Fork, State of Hew Toxic; that the plaint- tiff herein 1, and waa at the ces*tencee*ni. of this suit, a Citizen and reeldont of the Stats of Illinois. 2. Plaintiff further totes that on or about the day of August, A- D. 1933# ad for any year prior thereto, the defendant, Incorporated under the law of the State of How Tork, we aforesaid, was duly authorised to do business in tho State of Illinois, County of Lake and City of Waukegan; That on said dato, and prior thereto, and in the City of tfaukegan, a a aforesaid, the defendant owned, operated and main tained a factory, mill or eotabliehment for tho purpose of manufactur ing tile and other asbestos product#. 3* That eaid defendant, in its factory, mill or establlah- ment, as aforesaid, owned and operated a cortaln department known an the "mixing room" where ashes too and cement wero mixed in dry form, the materials being poured into a hopper from eucka and coming out as a mixture; that In the course of said processes, a groat deal of *- boetos and comsnt dust, and other dusts, were cast to and did imprsg- note the air in said premises in such great quantities as to be greatly deletorious to the health of human beings* U. That on the aforesaid day end at the place aforesaid and for a number of yeare prior thereto, the plaintiff was in the employ of the defendant and woricei in eald fixing Boom as a laborer, M s prin cipal work being to open the aforesaid sacks of cement and asbestos and dump then into a mixing machine, which machine mixed said materials in dry fora, as aforesaid* 5. That in the carrying on of the eald premises by the de fendant as the same was being done, and as It had been conducted for cany years prior thereto, the defendant knew, or in the exercise of due care and caution should hare known that the same was apt to and did produce the Illness and disease In the plaintiff of which the plain tiff now complains, which illness and disease Is peculiar to such work and operations carried on and used in said business to which employees are not ordinarily exposed in their lines of business. 6 That plaintiff was In entire ignorance of the dangerous character of the various dusts to which he was exposed and to the ope* clfic nature of the disease or diseases that would or could result froze the inhalation of tho aforesaid dusts and was never at any time infonnvd by any agent of the defendant of the fact that cuch danger did or could posulbly exist* 7* That plaintiff was caused to and did during the* poriod aforesaid, necossarlly breathe In large quantities of asbestos dust, cement dusts and other duets, In bio throat and lungs, causing tho Illnesses herein complained of, while he, the plaintiff, was In the exercise of duo care and caution for his own poreonul health and safety S* That at and during tho aforesaid place and time, tho defendant did one or more of the following acts, thereby causing the plaintiff to contract and succumb to the occupational dicesse leaovai as Aobestoels which resulted in Pneumoconiosis In an advanced stage and Tuberculosis, . as a result whereof: plaintiff has loot consider able weight; he has been Incapacitated and woakenod so that hs can not perform any wort for which he Is fitted; that he has suffered great mental and physlclal pain and anguish and will continue so to suffer for tho rest of his life; that he has become liable for and expended large sums of money in and about endeavoring to be cured of his Illness ae aforesaid; and that he hue been prevented and hinds red from attending to his usual occupation and business whereby he has lost divers great gains and profits and will continue to loss divers groat gains and profits. (a) Defendant wilfully failed to provide reasonable and approved devices, methods or means for the prevention of said diseases, contrary to ths provisions of Section 1 of an act entitled "An Act to Promote the Public Health by Protecting Certain Employees in this State from Dangers of Occupational Diseases11 and providing for th an foreorrent thereof, lx* this, that there were in and about the said premises no proper auction fans or othei apparatus provided for collecting the injurious dusts In the air In the said pre mises where plaintiff worked; that defendant failed to provide masks, air respirators or oth er apparatus to be used or worn by said plain tiff which would effectively prevent the plain tiff from inhaling tho said dusts caused to im pregnate and flow in tho air in and about the said premises as provided by said Statute and which would effectively prevent him from con tracting the diseases herein complained DOLLAHS. (b) Plaintiff negligently fallod to remove *o far &u practicablo, by either ventilating or oxhaust devices, tho afoi`<?aaid Injurious dusts from tho premise in vhich tho plaintiff worked, contrary to Section 12 of *An Act Concerning the Health and Safety of Employees in Factories, Mercantile Establlohmento, Mills and Workshops in the State of Illinoio." (c) negligently caused and permitted the premises to b swept oo aa to raise Asbestos .dust, Cement dust and other dusts, contrary to Section 13 of "An Act Con- corning tho Health and Safety of Employees in Factortoo, Murcastllo Establishments, Mills and Workshops." Wherefore plaintiff asks Judgrcont for Fifty Ihouaand {$50>COO.OP) ' j ! i ^ *j | . j t* * * /V . . ;* . < 7 *Attbray f'or"Plaintiff i ! N S ? i IB TSZ DISTRICT COURT 0? Tffit U5ITD 3U.TI3 JOE THS NORTHERN DISTBICT Or ILLINOIS RASTERS DIVISION LUIS P2E5Z J0HN3-UANYILLE PRODUCTS CORPORATION, a corp. ) ) ) Bo. *3672 > ) J W i a m T OJ DANIEL Z. RICARDO. M.D. "W : lUfflSL 2* BICAEDO being first dal/ worn on oath depones and n sort that ho Is a physician, duly liceassd to practice medicine in tha City of Chicago and State of Illinois, and that his office is located at 185 37. Wabash Arenas, Chicago. Affiant farther stats* that on the 13th day of August, 193&, one, TiUXS PSBE2* came under his profeeeional cars; that on said dats cold &JIS FBHS2 stated to this affiant that ha w s *9 years of age; that he was carried had no children; that ha hod been esplcyed by the JOHNS- MANYILLS PEODUCTS COBPOBATION for about sixteen years where be worked os a laborer, mixing cement and asbestos* Affiant further states that on examination of LOIS EH22 on sold date revealed that he hod a high temperature, dubbing hi hie finger ends, and that he hod a constant cough: that in the opinion of this af fiant, said LUIS PES52 Is suffering from fibred, calcified areas of both lunge, silicosis resulting in pneumoconiosis and tuberculosis; that sold LUIS PZBJSZ 1 in a dangerous condition and should be treated with the greatest of care* Affiant makes this affidavit for the purpose of Inducing the District Court of the United States for the Northern District of Illinois, Eastern Division, to advance this csss on the Calendar* SUBSCRIBED and SWORN to before me this 2$th day of October, A. D* 193**- ______ . 14 { . -L s A KV >Vi * v --~ `y;v ; v * fcUry Public IN THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION. LUIS PEREZ ) ) V3. ) JOHHS-MANSVILLEPRODUCTS ) CORPORATION, acorp. ) ) No.43672 affidavit of j . h . carpenter, m . d . :t * . CARPENTER, toeing first duly sworn on oath deposes and says that he is a physician duly licensed to practice medi cine .in tho City of Chicago and State of Illinois, and that his office is located at 1904 S. Ogden Avti., Chicago; that he has for tho last-several years specialized in x-ray of cheats and tho interpretation of findings and diagnosis of such x-rays so made; that on or about September 18th, 1934, your Affiant made an x-ray of the chest of the plaintiff, IaiIs Peroz, and that tho x-ray so made disclosed that the said plaintiff, Luis Perez, was suffering from the third stage of pneumoconiosis, and astoestosis, with advanced stage of tuberculosis; that from tho history of the said Luis Perez* employment, your Affiant is of the opinion that the said Luis Perez contracted the said dis eases, pneumoconiosis, asbestos!s and advanced tuberculosis toy virtue of contact toy inhalation of asbestos and cement dust; that the condition of the said Luis Perez on the aforesaid date, was such that there was immediate pood of hospitalization, medical cure and attention to tho said Luis Perez; that your Affiant is further of the opinion that the physical condition of the said Luis Perez is such that he will not be physically able to b o present in Court and testify in hi3 own behalf if such case is placed upon tho regular trial calander and there await its turn of trial* It is the opinion of your Affiant that the said Luis Perez will not live for possibly more than a year longer, and may oueeoatb to tho said disoaoo within that period of time* f> f 3 e & r ? l ' *******mw**m**n Your Affiant malcos this off1da *11 Tor tho x-^rpooo of ad~ vising tho District Court of the United States for tho Northern -.;!: -: District of Illinois, Eastern Division, of the physical condition *. -, of tho said Luis Perez, and for tho further purpose of having the Court advance tho case upon trial call, so that the Court and Jury may have tho benefit of the testimony of tho said plaintiff, * * ,. ^ *,-* Luis Peroz. And further your Affiant sayeth not, *' \'.1*v,,-u*-** ,it '\ 'A - v', r1 ~ Q Vv-C y ' # 'Subscribed and sworn to b fore ne this 7^*! z< day January, 1935. 'y"V fHoWry tfvSm ***n+t> TM r>TSTRiCT c .O k KT OK TItE UN ITED STATES TOR THE NORTHERN D IST R IC T OF I L L I N 0 I 3 EASTERN D IV IS IO N . { LOUIS PEREZ ) ) vs * ) No.43672 ) JOHNS-MAHSVILLEPRODUCTS ) CORPORATION, ac o r p . ) PETITION TO THE HONORABLE JUDGES OF THE DISTRICT COURT OP THE UNITED STATES, TOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION;- YOUR PETITIONER, LUIS PEREZ, respectfully represents unto the Court that ho Is the plaintiff In the above entitled cause and further that your petitioner was employed by the defendant for about sixteen (16) years, and that during his period of employment, bin work brought him Into daily contact with asbestos and cemont dust; that your petitioner is now ill, and has been for some period of time, of a chest condition, and that he has been advised by several physicians that the said disease is known as pneumoconiosis, asbestosis with tuberculosis. Your petitioner further respectfully represents that dur ing the time of hi3 employment that he earned a wage of $20*00 per week, which was hi3 only means of livlihood, and that upon nuch salary, he suported hi3 wife and himself; that on August 13th, 1933, he became 111 of the chest condition hereinabove set forth, and that he has thereafter boon unable to continue his duties and employment, and as a result thereof, he was discharged from the amployraont of the said defendant; that your petitioner Is now wholly destitute and without means for medical care and attention and hospitalization. Your petitioner further represents that he has boon under the care of a physician and has been examined by several other reliable physicians who have advised that his physical condition -1 - is such tlmt ho will not now, or hereafter, bo able to work. Your petition or further otatea that if the above ontitled cnuso i3 placed upon the regular trial call, ho will not bo able physically, to submit to tho ordeal of a trial at tho time of his turn in tho ordinary course of tho trial calendar; that ho has boon further advi3od by his physician that there is a liklihood that he will succomb to the disease beforo such c ase is roachod for trial on the regular calender; that in that event, his then widow will bo subjected to additional legal difficulties in establishing her right of action against the aaid defendant. Your petitioner's testimony is materially necessary to properly establish tho allegations set forth in your petitioner1 complaint herein, and your petitioner therefore prays this honorable Court to advance the above entitled cause on trial call and set the said case for trial at an early date convenient to said Qpurfc. Jk-t p *<*- i s y STATE OF ILLINOIS ) ) SS COUNTY OF CUOS ) LUIS PEFJEZ being first duly sworn upon oath deposes and say3 that he has road the above and foregoing petition by him sub scribed; that ho knows the contents therein contained and that the same is true in substance and in fact. IN IKE DISTRICT COURT OF TilE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION. LUIS PEREZ V3 JOHNS-MANSVILLE PRODUCTS CORPORATION, a corp. N o. 45672 AFFID AVIT OP C L I E N T W. K . BRIGGS. M. D . CLEMENT n* K. BRIGGS, 'being first duly sworn on oath do- poses and says that he is a physician duly licensed to practice medicine in the City or Chicago and State of Illinois, and that his office is located at 160 N. La Salle St., Chicago. Affiant further states thr*t on September 18th, 1054, he first examined the plaintiff, Luis Perez, and on that date found the physical condition of the patient to bo critical, and such examination was verified by your affiant's Inspection or x-ray3 of tho chest of said plaintiff made on or about the said daio, which showed &a follows: Patient*s heart to be very much enlarged; temperature was 106 degrees; that he was constantly subjected to coughing to the extent that It interfered with the patient's ability to speak. ' r From the diagnosis then made and a further examination on, to *it, January __ 1$35, which was made for the purpose of this affidavit and to find out If any advancement of the p a t i e n t c o n dition would then be shown, such examination showing no improve ment, It is the opinion of this Affiant that the said plaintiff is now suffering from an advanced stage of pneumoconiosis and asbosteals, with an advanced stage of tuberculosis, and It Is further the opinion of this affiant from the history of tho engjloyiaent of the said plaintiff, the condition of advancod pnoumoconiosis, asbestos Is and tuberculosis was contracted by reason of contact wltb and inhalation of asbestosia and cement dust; that the said plaintiff should havo been hospitalized from tho 18th day of September, 1954 to tho present date; that tht prognosis is bad; that the said plaintiff^ physical condition is such in the opinion or your Affiant, that if tho above entitled causa is placed on tho ordinary trial calander and awaits its turn of trial for tho period of a year to a year and one-half, tho said plaintiff will not be physically able to appear in Court and there is a strong probability that tho said plaintiff will not survive the attack of such disease; that it is tho opinion of this Affiant that the plaintiff, Luis Perez, will not live for more than a year and may likely die in less time. Your Affiant makes this affidavit for the purpose of advis ing the District Court of the United States for tho Northern Dis trict of Illinois, Eastern Division, of the present physical con dition of the 3oid plaintiff, Luis Perez, and your Affiant urges the Court to advance the 3aid cause for trial at the earliest date to be set by the Court so that tho testimony of the said plaintiff, Luis Perez, may be had-