Woman Sues for Non-Occupational Asbestos Exposure

July 20, 2006 - A woman from Oregon has filed suit against 63 defendants in an Illinois court, claiming that she contracted mesothelioma due to exposure to asbestos from the clothes and bodies of several family members who worked with the material at their places of employment.

According to a report in the Madison County Record, the plaintiff, Dolores Ernst, notes that her former husband Robert was employed as a salesman in and around the Chicago area from 1955-1971 and that both her mother and aunt worked in several factories in Chicago and surrounding towns throughout their years of employment.  Ernst alleges that all three worked “with and around asbestos-containing products.”

"Dust created by working with and around asbestos and asbestos-containing products would permeate the person and clothing of the plaintiff's family members," the complaint reads. "This dust contained asbestos fiber."

Ernst has claimed that the above family members, all of whom lived with her at one time or another, would carry the asbestos dust on their clothing home with them where it would then become airborne. The complaint also states that a number of the defendants “failed to require and advise their employees of hygiene practices designed to reduce or prevent carrying asbestos fibers home.”

Ernst also claims that she was exposed to asbestos from home and automotive repairs, maintenance and remodeling. 

The plaintiff also maintains that she was “unable to obtain full disclosure of relevant documents and information from the defendants”, leading her to believe the defendants destroyed documents related to asbestos in an attempt to deny responsibility and avoid paying claims.

Mrs. Ernst was diagnosed with mesothelioma in February of this year and is currently undergoing palliative treatments to ease the symptoms of the disease, for which the only known cause is asbestos exposure.