Document xpn3dxgNx9Z6e72w3bRXQOVJ

FILE NAME: Early Asbestos Damage Suits (EADS) DATE: 0000 DOC#: EADS024 DOCUMENT DESCRIPTION: Documents from Case of Charles Sarounas TV*~ Oi* IL1. ii 0 ' s S3 COUNTY OF COOK IN THF $ U ? E :IOK COURT OF COOK COUNTY VS JOHNS ilANVILLE COF.FORATION, a corporation NO. 3457342 j u Ry demanded * 0 .) ..- f ' 'v ` 001:PL M K T AT I^AV; . COUNT I The plaintiff, CHARLES SAROUNAS, by his attorney, SOL ANDRE7/S, complains of the defendant, JOHNS IlANVILLE CORPOR-' ATIOK, a corporation, and says: '`*1 ' 1. That on or about the 26th day of January, A.D. 1934 the defendant, JOHNS Si,\::,rILLE COPPOATION, *as duly organi zed and authorized corporation, doing business in the State of Illinois, County of Lake, and City of V/aukegan, at which time and place, it ormed, operated, and maintained a factory, mill, or establishment for the purpose of manufacturing as bestos in its various forms. 2. That the said defendant, in its factory, oimed and operated a certain department known as the tiling room, in which tiles were cut from hot slabs; that right next to this department there r?.c another ronr;, in which the ingredients that are used to make asbestos wera nixed, and this produced* a great deal of dust, which circulated and permeated the de-* part went known an the tiling took in such great quantities aa to be greatly deleterious to the health of human beings. 3. That on the afororeid day and at the time and place aforesaid and for a nunbr ** of years prior thereto, the plain tiff srp.s ir, the employ of said defendant and worked in the til ing roo;, cutting tiles from hot slabs; that he m s exposed and *:eh; ^ au*.t 1 1 *o * the u?.r ir> the i*t?vW:' -ior. the 100m next to i t , e ai d d u s t s coming from the i n g r e d i e n t s that were used aru mixed to make a s b e s t o s . 4. That in the carrying on of the raid business by the defendant as the came v;ac being conducted and for many years prior thereto had been conducted, the defendant knciv and by the exercise of due care and caution should have known that the same was apt to and did produce the illness and disease in the plainT tiff, of vrhich the plaintiff now complains. which illness and di sease is peculiar to ouch work and operations carried on and used in the said business, to which employees were and are not ordinarily exposed in other lines of empl oyment. 5. That the plaintiff was caused to and did, during the period aforesaid, necessarily breathe in large quantities of the various dusts as aforesaid through his nose and mouth, and eaid dusts became lodged in his throat and lungs, causing the illness hereinafter complained of- while he, the plaintiff, was in the exercise of due care and caution for his orm personal health and safety. S. That the plaintiff was in entire ignorance of the dan ger ious character of various dusts to which he was exposed and to the specific nature ex the disease or diseases that sould or could recult frort the inhalation of the aforesaid dusts, and was* never, at any time, informed by any agent of the defendant of the fact that ouch danger did or could possibly exist. 7. That at and during the aforesaid time and place, the defendant did one or other of the following acts, thereby causing the plaintiff to contract and succurt.b to the occupational disease known ks pneumoconiosis, as a result whereof, he has been incap acitated and weakened .:o thet he cannot perform any work for which h* ic ; that he has lost considerable weight; he h* _ suffered mental an.; physical oaln and anguish und will ^ vir k.V- ^3^LL ^ *'1* :n'u `J '^ -"** 11 4 -* ' ***''t uf hi.j life; he ha 3 be c o m ? liable tor <uid expended large sums of money in and about endea voring to be cured of hie illness; he has been prevented and hin dered frer;*i attending to his usual occupation and buainerc whereby he has lost divers great gains and profits and v/il3 continue to looe divers "rcat gains and profits. (a) v/ilfully failed to provide reasonable and approved de vices, methods, or means for the prevention of said disease, con-^ trary to the provisions of Section I of an Act entitled, **An Act to Promote the Public Health by Protec* -ng Certain Employees in " .* this State from the Dangers of Occupational! Diseases*1, and pro * viding for the enforcement thereof, in this that there were, in i and about the euid premises no proper suction fane or other ap- > ! paratus provided for collecting the injurious dusts in the air in and about the premises; that the defendant failed to provide nasks or respirators or other apparatus to be used or worn by said plain 3 tiff which would effectively prevent him from inhaling the said ducts caused to impregnate and float in the air as provided by the raid statute, and which would effectively prevent the plaintiff from contracting the diseases herein complained of. (b) negligently failed to remove as far as precticable, by either ventilating or exhaust devices, the aforesaid injurious dusts from the premises in which the plaintiff worked, contrary r. to Section 12 of an Act concerning the lieulth and safety of en- > ployees in factories, mercantile establishments, mills, end work shops in the State of Illinois. (c) negligently caused and permitted the premises to be swept . so as to raise the aforesaid ducts, contrary to Section 13 of an - Act concerning the health and safety of employees in factories, mer cantile establishments, mills, ana. workshops. * * T' Plaintiff asks judgment for Fifty^Thousand Dollars {-50,000).