Illinois Court Finds Employers Liable for Second-hand Asbestos Exposure
By Jim Greene
Published on June 30, 2010
An Illinois appeals court has ruled that an employer may be held liable if an employee's family member suffers damages because of second-hand exposure to asbestos fibers introduced into the home on an employee's clothing.
The Illinois Fifth District Appellate Court ruled against arguments railroad giant CSX Corporation used to get three counts against it dismissed by Madison County Circuit Court Judge Daniel J. Stack in a personal injury lawsuit brought by Cynthia Simpkins.
Lawsuit Filed Following Mesothelioma Diagnosis
The suit originated with Simpkins' mother, Annette Simpkins, who filed in January 2007, after she was diagnosed with mesothelioma, an incurable cancer that attacks the outer lining of the lungs and heart and the inner lining of the chest and abdomen. The only known cause of the disease is inhalation of asbestos fibers.
Cynthia Simpkins took over as plaintiff after her mother's death in April 2007.
Annette Simpkins alleged that her disease was caused by asbestos exposure from laundering her husband's clothing while he was employed by CSX predecessor B&O Railroad from 1958 to 1964 as a steelworker, welder, and railroad fireman.
CSX argued that it did not have a responsibility to ensure the safety of all who came in contact with asbestos fibers carried away from its facilities on employees' clothing. The company said such liability would be virtually unlimited.
Court Rules Employer Has Obligation to Workers' Families
The appellate court agreed that liability could not be unlimited, but said an employer does have a responsibility to ensure the safety of an employee's family. The court ruled that the potential danger to the family from repeated exposure was foreseeable, since asbestos fibers are known to be dangerous, and that it was preventable, since there are methods to reduce the danger without undue harm to the company.
The appellate court ordered the case sent back to the circuit court for further trial.
If you have been diagnosed with mesothelioma or lost a loved one to this incurable cancer, contact an experienced attorney. You may be eligible to receive financial compensation to deal with medical bills, loss of income, pain and suffering, and loss of companionship. Your attorney will fight to see that those responsible provide the compensation you deserve.
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