Stepdaughter Sues for Asbestos Exposure
A woman who claims she developed malignant mesothelioma due to asbestos dust brought home on the clothes of her step-father has filed suit against 52 defendants in a Madison County, Illinois court.
According to an article in the Madison County Record, Kimberly Kluntz said her stepfather, with whom she grew up, has worked as a machine operator at Unas Grinding since 1972 and claims she developed the asbestos cancer because the company did not provide adequate protection for its employees nor did it take steps to ensure that employees working with asbestos did not bring home dangerous asbestos dust on their clothes or person.
Kluntz was employed from 1989 through 2006 as a customer service supervisor at various locations in Illinois and Connecticut but makes no claims as to asbestos exposure while on the job at any of those locations. She was diagnosed with malignant pleural mesothelioma in December 2007.
Kluntz claims that she “has sought, but has been unable to obtain full disclosure of relevant documents and information from the defendants leading her to believe the defendants destroyed 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.
The suit claims that as a result of each defendant breaching its duty to preserve material evidence by destroying documents and information, Kluntz has been prejudiced and impaired in proving claims against all potential parties.
“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.
Kluntz is seeking compensatory and punitive damages.