Second asbestos suit filed over man's illness

David Yates Jun. 8, 2011, 7:40am

Although Robert Skelton already received a claim for his non-malignant asbestos illness, he now claims he suffers from a different asbestos illness, which entitles him to sue again.

Robert and Ann Skelton filed suit against A.W. Chesterton, along with 23 other companies, on June 2 in Jefferson County District Court.

The other defendants named in the suit include Ametek, Bechtel Corp., CBS, Cleaver Brooks, Crane Co., Crown Cork & Seal, D&F Distributing, Dana Companies, Fluor Enterprises, Fluor Maintenance, Foster Wheeler Constructors, Goulds Pumps, Hopeman Brothers, IMO Industries, Metropolitan Life Insurance, Natkin Contracting, Owens-Illinois, Riley Power, Sepco Corp., Sterling Fluid Systems, Union Carbide, Velan Valve and Viking Pump.

From 1964 to 1979, Skelton worked as a laborer, shipfitter and mechanic, which required him to work with and around asbestos products.

The suit claims the industrial asbestos dust he inhaled caused him to contract an asbestos-related illness.

"Plaintiff already sued or settled his claims her non-malignant asbestos-related disease with one or more defendants," the suit states. "Plaintiff now suffers from a different malignant asbestos-related injury for which he seeks compensation."

The suit does not define Skelton's illnesses but does say he's entitled to sue again pursuant to Putejovsky vs. Rapid-American Corp.

"Defendants negligently permitted asbestos products to be uses on their premises despite the fact defendants knew ... asbestos products ... were extremely dangerous to human health," the suit states, adding that the defendants also negligently manufactured, sold and used asbestos products without warning workers of the dangers.

The plaintiffs are suing for exemplary damages.

Provost Umphrey attorney Bryan Blevins Jr. represents the plaintiff.

Judge Donald Floyd, 172nd District Court, has been assigned to the case.

Case No. E190-200

More News