A Nebraska man who alleges he was exposed to asbestos dust and fibers brought home on the clothing of his father has filed charges against 106 defendants in Madison County (IL) Circuit Court.
Robert Moore, whose father was a mechanic at various locations across the country, claims his father would bring home asbestos on his clothes after working in a shop all day, where the material was prevalent. The elder Moore also worked as an electrician and laborer from 1940 until 1953.
Robert Moore was diagnosed with mesothelioma in January of this year and, according to the Madison County Record, immediately became aware that his illness was “wrongfully caused.â€Â
The suit states that the defendants “failed to require and advise their employees of hygiene practices designed to reduce or prevent carrying asbestos fibers home.â€Â
Because of these practices, Moore says he was exposed to dangerous asbestos fibers and subsequently developed mesothelioma, a cancer for which the only known cause is exposure to asbestos.
Moore also claims that he “has sought, but has been unable to obtain, full disclosure of relevant documents and information from the defendants leading him to believe the defendants destroyed documents related to asbestos.â€Â
“It was foreseeable to a reasonable person/entity in the respective positions of defendants, that said documents and information constituted evidence, which was material to potential civil litigation-namely asbestos litigation,” the complaint states.
He claims that “as a result of each defendant breaching its duty to preserve material evidence by destroying documents and information he has been prejudiced and impaired in proving claims against all potential parties.â€Â
“Plaintiff has been caused to suffer damages in the form of impaired ability to recover against defendants and lost or reduced compensation from other potentially liable parties in this litigation,” states the complaint.
