Gori Julian & Associates, P.C.
Get Your FREE Case Review 24 Hours A Day
More than $3 Billion Recovered For Our Clients

Illinois court remands secondhand asbestos suit to Madison County

Last month, the Illinois Supreme Court ordered that a lawsuit be remanded back to Madison County, where a judge will be tasked with determining whether the plaintiff's asbestos exposure and eventual mesothelioma diagnosis was foreseeable or not.

The asbestos lawsuit was filed by a woman who alleges that she suffered secondhand asbestos exposure from her father and her husband, both of whom worked with asbestos for several years. Three months after she filed the lawsuit, the woman succumbed to mesothelioma, and the court substituted her daughter to continue the suit on her behalf.

The 'take-home exposure' suit, which named CSX Transportation and 72 other defendant companies, alleges that the plaintiff's husband worked for B&O Railroad from 1958 to 1964. In addition, the plaintiff's father worked with asbestos from 1931 until 1954. Both men brought asbestos home on their clothes, which caused the plaintiff to be exposed secondarily, according to the suit.

CSX, the successor to B&O, moved to dismiss the lawsuit, stating that it had no duty to warn the families of employees of their potential asbestos risk. A Madison County judge agreed, but an appellate court reversed the dismissal. Now, the state supreme court has upheld the appellate court decision, stating that the trial court must determine whether or not the injury was foreseeable.

"Because foreseeability is such an integral factor to the existence of duty and because the weight to be accorded to that foreseeability...depends on the circumstances of the case," the court wrote, "without more detailed pleadings we cannot determine whether...a duty of care ran from defendant to plaintiff in this case."

Source: Legal Newsline, "Secondhand asbestos suit sent back to Madison County," Ann Maher, Mar. 26, 2012

No Comments

Leave a comment
Comment Information

Why Choose Gori Julian?

  1. Experience

    With over 100 years of combined legal experience, we guide our clients through the litigation process by addressing questions and concerns and about the outcome every step of the way. Read More

  2. Results

    The team at Gori Julian fights hard for clients, working to get the compensation and the settlement they deserve, obtaining over $3 billion in verdicts and settlements for our clients. Read More

  3. Team Approach

    We are more than just experienced attorneys: our team is also made up of highly trained paralegals and professionals specially trained to deal with the demands of these complex cases. Read More

  4. Faster Trial Dates

    We know that obtaining funds in a timely manner will help cover medical expenses. Gori Julian works quickly to recover funds and secure the earliest possible trial dates on our client's behalf. Read More

Watch Our Video

Watch More In Our Video Center >


Super Lawyers Million Dollar Advocates Forum American Association for Justice
ABA - Defending Liberty - Pursuing Justice Illinois State Bar Association

Fill Out Our Form Today To Get A Free Case Review.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Get a Free Case Review Today

Gori Julian News

Gori Julian & Associates, P.C. Donates $10,000 to Riverbend Head Start and Family Services

Read More >

In The Community

Gori Julian & Associates and Global Brew Raise More Than $20,000 at Recent Oktoberfest Event

More Community & Events >

Read Our White Paper

A Continuing Threat: How Deadly Legacy Of Asbestos Haunts Navy Veterans Today >

Edwardsville Office
Gori Julian & Associates, P.C.
156 North Main Street
Edwardsville, IL 62025
Edwardsville Law Office Map

Washington, DC Office
Gori Julian & Associates, P.C.
1875 Connecticut Ave. NW
10th Floor

Washington, DC 20009
Washington Law Office Map

New Orleans Office
Gori Julian & Associates, P.C.
909 Poydras Street, Suite 2195
New Orleans, LA 70112
New Orleans Law Office Map

Los Angeles Office
Gori Julian & Associates, P.C.
3848 Carson Street, Suite 103
Torrance, CA 90503
Torrance Law Office Map

St. Louis Office
Gori Julian & Associates, P.C.
1133 Pine Street
St. Louis, MO 63101
St. Louis Law Office Map

New York Office
Gori Julian & Associates, P.C.
360 Lexington Avenue
20th Floor
New York, NY 10017
New York Law Office Map

Orlando Office
Gori Julian & Associates, P.C.
37 N. Orange Ave., Suite 201
Orlando, FL 32801
Orlando Law Office Map

Alton Office
Gori Julian & Associates, P.C.
500 E 6th Street
Alton, IL 62002
Alton Law Office Map

Get Your FREE Case Review 24 Hours A Day 888-362-6890
Close X

Contact Us For A Free Case Assessment

Back To Top