State High Court Reverses Lower Court’s Ruling in Illinois Asbestos Case

Manufacturers and distributors of toxic or dangerous products that are used for consumer, commercial, or industrial purposes can be held accountable with the assistance of a Chicago personal injury lawyer for injuries or illnesses caused by their products, especially in instances in which the dangers of the product were deliberately concealed from customers. Exposure to asbestos, a compound that was once commonly used in consumer and construction products, has been linked to several deadly diseases, including cancer, and the manufacturers and distributors of many asbestos-containing products may be liable for damages related to their use of the deadly compound. The Supreme Court of Illinois recently decided an appeal filed by a man who claimed to have gotten cancer from asbestos exposure.

The plaintiff in the recently decided case is an Illinois man who was exposed to asbestos in the 1960s and 1970s. Evidently, the plaintiff was exposed to asbestos through his work with construction equipment, as well as with brake parts that he used on his personal vehicles. When the plaintiff was later diagnosed with lung cancer, he filed suit against the defendants, claiming that their negligence caused his cancer. The plaintiff also claimed that the defendants’ willful concealment of the dangers related to asbestos exposed them to additional liability to the plaintiff.

Before the plaintiff’s case went to trial, the defendants successfully pursued a favorable judgment from the court on several of the plaintiff’s claims, citing previous Illinois appellate court opinions with similar allegations against the same defendants. The Supreme Court of Illinois had already ruled that nearly identical claims against one of the defendants in this case must fail as a matter of law, and the circuit court found it necessary to rule against the plaintiff on the same grounds. The plaintiff appealed the ruling to the Illinois Court of Appeals, which reversed the lower court’s decision on procedural grounds, resulting in the defendants’ appeal to the highest state court.

The Supreme Court of Illinois found that the state court of appeals applied the incorrect standard in evaluating the lower court’s ruling, and it remanded the case to the lower court for further consideration. Without fully disposing of the plaintiff’s case, the high court suggested that the plaintiff had not put forth any additional relevant evidence that would distinguish this case from the earlier case against the same defendants, which had already been rejected as a matter of law.

Although the plaintiff in the recently decided case admittedly faces an uphill battle in pursuing his asbestos claim against these defendants, other Illinois victims of asbestos exposure still may be entitled to financial compensation for illnesses or injuries that they have suffered as a result of the dangerous compound. A consultation with a qualified Illinois asbestos attorney is the first step for possible victims to determine if they may have a case for damages.

Have You Been Exposed to Asbestos?

If you or a loved one was exposed to asbestos and has been diagnosed with cancer, asbestosis, or another asbestos-related illness, you may be entitled to compensation from the distributor or manufacturer of the hazardous products to which you were exposed. The asbestos lawyers at Abels & Annes, P.C. are experienced in asbestos and other products liability cases, and we are willing to discuss your case for free with no obligation to you. Contact us today for a consultation. Call 312-924-7575 or contact us online to schedule a free, no-obligation consultation.