Document ymyJ8v4KG3MDg0a5rLDRVBwwX
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1 people to believe it was a cause. It doesn't have to
1 She was called by the union and referred to an
2 be the cause, it has to be a cause that contributes in
2 attorney.
3 a real way.
3 You will hear the defendants say Mrs.
4
Each and every occupational exposure, you
4 Vandergucht should have known earlier. When you hear
5 will hear from the medical experts, contributed to the
5 them say that, listen to what they say about what they
6 development of each of these gentlemen's diseases.
6 knew. Listen and see if any single doctor comes in,
7 That brings us to the issue of negligence
7 and there will not be one, any of Mr. Vanderguchfs
8 and strict liability.
8 treating physicians who told him about the
9 Negligence. We will prove that the
9 association.
10 defendants were negligent because they failed to 10 So Mrs. Vandergucht when she found out in
11 adequately warn.
11 June of 1989, she timely filed her lawsuit and that is
12
They failed to take adequate steps to warn
12 why we are here on her case.
13 these individuals about the hazards of exposure to
13
The issue of damages, there are really two
14 asbestos about which they knew or should have known, 14 actions, survival action brought on behalf of the
15 and you will hear more about that from Mr.
15 person who died, the personal representative steps in
16 Shellenberger.
16 those shoes and asks for damages for pain and
17 We will also show that the products were
17 suffering for the injuries they went through, funeral
18 defective or unreasonably dangerous or "and"
18 expenses and medical expenses.
19 unreasonably dangerous. Defective because they lacked 19
There are also consortium claims brought by
20 an adequate warning.
20 the wives for the loss of affection and society of
21
Unreasonably dangerous because they were
21 their husbands between the time they were injured and
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1 dangerous to an extent beyond that contemplated by 1 the time of their death.
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2 anybody using the product.
2 There is also a claim called wrongful death
3 Pick up pipecovering or you pick up the
3 which is brought for the wrongful death of these two
4 brake material, you don't know about the asbestos
4 individuals that we represent, Mr. Vandergucht and Mr.
5 content. That will be an issue.
5 Grewe, and the damages there go to the wife because of
6 Compensatory damages in survival action and 6 her loss of society, affection, companionship,
7 wrongful death.
7 attention, and care that she had received from her
8
The last thing I want to mention, ladies and
8 husband.
9 gentlemen, is in the Vandergucht case, you may hear 9
Mrs. Vandergucht was 55 years of age when
10 the defendants or you may be wondering why this case 10 her husband died, so was Mrs. Grewe.
11 is coming now when Mr. Vandergucht died in 1980.
11
Ladies and gentlemen, I thank you very much
12 Mr. Vandergucht knew nothing about whether 12 for your attention.
13 the products that he worked with or were around
13
Right now lam going to turn things over to
14 contained any asbestos.
14 Mr. Shellenberger. At the end of the case either he
15 The first time Mrs. Vandergucht heard
15 or I or us together will have an opportunity to come
16 anything or found anything out about the relationship 16 back and ask you to return a verdict in favor for Mr.
17 between her husband's death and illness and his
17 Vandergucht and Mr. Grewe.
18 potential exposure to asbestos was in June of 1989
18
Thank you, Your Honor.
19 when she received a letter from her family -- from her 19
THE COURT: Thank you, Mr. Ignatowski.
20 international union that her husband worked for 20 39 minutes, Mr. Shellenberger.
21 talking about the potential exposure and his death.
21
OPENING STATEMENTS
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