A Kansas man filed a suit against 92 defendant corporations claiming that he was exposed to deadly asbestos during his job from 1946 to 1990.
Mr Huber Johnston was a service station attendant and insulator at various locations.
Johnston alleges that he was exposed asbestos and inhaled asbestos fibers originating from certain products he was working around during the course of his employment and during home and automotive repairs. The complaint was filed on May 24 in Madison County Circuit Court. It states that Johnston was diagnosed with mesothelioma on March 23. It also states that the plaintiff's exposure and inhalation, ingestion or absorption of the asbestos fibers was completely foreseeable and could or should have been anticipated by the defendants.
”The defendants knew or should have known very well that the asbestos fibers contained in their products had a toxic, poisonous and highly deleterious effect upon the health of people,” Johnston said.
According to Johnston’s accusation, the defendants included asbestos in their products even when appropriate substitutes were available. Also, they never provided any instructions regarding the safe methods of working with and around asbestos.
“They had to to require and advise employees of hygiene practices designed to reduce or prevent carrying asbestos fibers home. Unfortunately, they never did that,” Johnston said.
Johnston claims it was due to this negligence he was exposed to asbestos fibers and developed the deadly disease that disabled and disfigured him.
Johnston is seeking at least 250,000 in damages for negligence, willful and wanton acts, conspiracy, and negligent spoliation of evidence among other allegations. He believes that he deserves it when considering the great physical pain and mental anguish he is suffering from.
The complaint also asks an award of punitive damages is appropriate and necessary in order to punish the defendants for willful, wanton, intentional and reckless misconduct and to deter them and others from engaging in like misconduct in the future, in to compensatory damages.
The Circuit Court Judge Daniel Stack will be handling the case.
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