Illinois may be changing the way it handles regarding the way asbestos and mesothelioma lawsuits are ruled upon by judges, as a series of verdict reversals signal more strict criteria may be on the horizon.
Noting what could be the beginning of a trend in Illinois, a recent Forbes article reported that a state appeals court had overturned a $2.5 million jury asbestos verdict against Honeywell and Pneumo Abex. The settlement had been awarded to a woman who claimed her mesothelioma had been caused by asbestos fibers that were tracked into her house by her husband, a worker at Union Rubber & Asbestos Co. in the 1950s.
However, because Union Rubber & Asbestos has long since gone out of business and could not be sued, Pneumo Abex and Honeywell were made to be the basis of a lawsuit instead because they were part of the same “trade group.” Much like Union Rubber, both Pneumo Abex and Honeywell made asbestos brake shoes at one point.
While no definitive link between the woman’s mesothelioma and either of the companies was established, state laws allowed for a judgment in the woman’s favor by finding both companies guilty of civil conspiracy. The ruling implied that both companies had allowed for asbestos use to continue – along with many other companies in the same trade group – by acting in “parallel conduct” with the specific one at fault, and therefore could be held accountable for the illness as a result.
However, the ruling turned out to be short-lived, as the appeals court threw out the case after deciding that the companies did not know in the 1950s that workers could carry asbestos fibers home on their clothes and therefore could not have committed a civil conspiracy.
Since that decision, other Illinois asbestos lawsuit rulings have been brought up for review that could potentially be reversed as well. Furthermore, any precedent set in Illinois could potentially have implications on mesothelioma lawsuits across the country that are brought by individuals who have been exposed to asbestos by companies who were indeed aware of the dangers they were posing.
Hopefully, whatever the implications, mesothelioma victims will still get the justice in court they deserve against asbestos companies that harmed them.
For those receiving Illinois mesothelioma treatment who have previously worked in a profession where you were regularly exposed to high amounts of asbestos, there may be reason to speak with a Illinois mesothelioma attorney regarding a possible lawsuit. Contact us for a free consultation to see if a Illinois mesothelioma law firm can help to get you a monetary asbestos settlement from a former employer who may be at fault for an asbestos-related illness.