Former Navy Employee Dead from Asbestos; Widow Files Suit

Navy veterans and former civilian employees alike make up a disproportionate number of asbestos disease victims in the U.S. The major reason: asbestos was used profusely in the construction of sea-going vessels until 1980. Metalworkers, construction workers and automotive repairmen are also among those who are prone to mesothelioma and asbestos disease.

Robert Barton was one who did all of the above. After serving in the U.S. Navy from 1944 to 1946, he pursued a career in metallurgy with the New England Malleable Iron Foundry for the next 35 years, working part-time as a construction worker on the side and performing his own auto repairs in his spare time.

Recently, he died from mesothelioma, and as a result, his widow has filed suit in the Madison County (Illinois) Circuit Court–one of the nation’s “hotspots” when it comes to asbestos litigation.

According to Elaine Barton’s allegations, her late husband was exposed to asbestos fibers both in the course of his employment and from the automotive products he handled over the years. Her complaint states that the defendants–one of which is Mr. Barton’s former employer, New England Malleable Iron Foundry–did not properly advise her late husband about proper industrial hygiene or safety procedures that should be observed when handling or working with asbestos. Furthermore, the complaint alleges that the defendants concealed information about the toxicity of asbestos and destroyed documents related to what management knew.

Prior to her husband’s death, he required extensive and costly medical treatment and suffered a great deal of physical and psychological pain. Upon his death, Mrs. Barton became liable for his funeral and burial expenses.

Mrs. Barton is seeking $500,000 in damages plus court costs. The damages include not only compensation for medical and funeral expenses but loss of consortium–companionship and financial support–as well.

Although Mrs. Barton is a resident of Rhode Island, the current law allows her to file in an Illinois court because at least one of the 51 named defendants conducts business in that state. The Madison Circuit Court also has a reputation for verdicts favorable to asbestos plaintiffs.

Source

Gonzalez, Steve. “Rhode Island Woman Claims Husband’s Death Caused by Asbestos Exposure.” Madison-St. Clair Record, 5 December 2007.

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