Alabama victim files suit agaist 91 defendants
An Alabama man filed suit against 91 defendants in Madison County Circuit court, alleging he was exposed to airborne asbestos fibers from his father's clothing. Howard Sturgeon, the plaintiff, is suffering from mesothelioma.
Elmo Sturgeon, the father of Howard Sturgeon, was employed as a truck driver at various locations across the country.
"Dust created by working with and around asbestos and asbestos-containing products would permeate the person and clothing of the plaintiff's father," the complaint states. "This dust contained asbestos fiber."
Sturgeon claims that his father would carry the asbestos dust on his clothing home with him where it would become airborne.
"The plaintiff would be repeatedly exposed to this asbestos dust from his father's person and clothing," the complaint states.
Sturgeon was employed as a communication lineman, railroad worker and communication technician at various locations from 1977 through 2006
He also claims he was exposed to asbestos during non-occupational works like home and automotive repairs, maintenance etc.
Sturgeon was diagnosed with mesothelioma in May 2006. He subsequently understood that his illness was wrongfully caused, the suit claims.
The complaint alleges that defendants failed to advise their employees of hygiene practices designed to reduce or prevent carrying asbestos fibers home. As a result of this, he was exposed to fibers containing asbestos, and developed a disease caused only by asbestos which has disabled and disfigured him, Sturgeon complaints.
He also claims that although he has sought, he was unable to obtain full disclosure of relevant documents and information from the defendants which made him believe that the defendants demolished all documents related to asbestos.
"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.
"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," the complaint states.
Sturgeon is seeking compensatory damages in excess of $200,000, plus punitive damages.
"An award of punitive damages is appropriate and necessary in order to punish defendants for their willful, wanton, intentional and/or reckless misconduct and to deter defendants and others from engaging in like misconduct in the future."
