FROUD v. CELOTEX CORPORATION

Nos. 81-0052, 81-0053, 81-0054 cons.

107 Ill. App.3d 654 (1982)

437 N.E.2d 910

BEATRICE FROUD, Indiv. and as Special Adm'r of the Estate of James Froud, Plaintiff-Appellant, v. THE CELOTEX CORPORATION et al., Defendants-Appellees. — RITA WILLIAMSON, Indiv. and as Adm'r of the Estate of Wyatt Williamson, Plaintiff-Appellant, v. THE CELOTEX CORPORATION et al., Defendants-Appellees. — SHIRLEY FRIDAY, Indiv. and as Special Adm'r of the Estate of John Friday, Plaintiff-Appellant, v. THE CELOTEX CORPORATION et al., Defendants-Appellees.

Appellate Court of Illinois — First District (5th Division).

Opinion filed June 25, 1982.


Attorney(s) appearing for the Case

John M. Burke, of Burke & Burke, of Chicago, for appellants.

Phelan, Pope & John, of Chicago (Peter C. John and Barbara K. Halpern, of counsel), for appellee Raybestos-Manhattan, Incorporated.

Donald J. O'Brien and Michael W. Rathsack, both of Chicago, for appellee Standard Asbestos Manufacturing and Insulating Company.

Sweeny & Riman, of Chicago (Harry G. Sachrison, of counsel), for appellee Keene Corporation, individually and as successor to Baldwin-Ehret-Hill, Incorporated.

Law Offices of John B. Grogan, of Chicago (Thomas J. Kane and John B. Grogan, of counsel), for appellee Grant Wilson, Incorporated.

French & Rogers, of Chicago (Richard G. French and Thomas F. Lucas, of counsel), for appellee Armstrong Cork Company.

Haskell & Perrin, of Chicago (Willis R. Tribler and Philip A. Jackman, of counsel), for appellee A & M Insulation Co.

Tenney & Bentley, of Chicago (Michael J. Smith and Karen S. Quandt, of counsel), for appellee AARCO Products Corporation.

Hubbard, Hubbard, O'Brien & Hall, of Chicago (Rory D. Cassidy, of counsel), for appellee Mauritzon, Incorporated.

Ross, Hardies, O'Keefe, Babcock & Parsons, of Chicago (Edward F. Ryan and Keith A. Klopfenstein, of counsel), for appellee Union Carbide Corporation.

Pretzel, Stouffer, Nolan & Rooney, of Chicago (John A. Goudge, Joseph B. Lederleitner, and Robert Marc Chemers, of counsel), for appellee Ruberoid Incorporated, a division of GAF Corporation.

Kiesler & Berman, of Chicago, for appellee Ryder Cement.

Kralovec, Marquard, Doyle & Gibbons, Chtd., of Chicago (Henry J. Marquard and Joseph J. McDonough, of counsel), for appellee Flintkote Company.

Epton, Mullin, Segal & Druth, of Chicago (Edward J. McCambridge, of counsel), for appellee H.K. Porter Company.

Hinshaw, Culbertson, Moelmann, Hoban & Fuller, of Chicago (Thomas J. Weithers, D. Kendall Griffith, and Frederick S. Mueller, of counsel), for appellee Owens-Corning Fibreglas Corporation.

Seyfarth, Shaw, Fairweather & Geraldson, of Chicago, for appellee Forty-Eight Insulation.

Schiff, Hardin & Waite, of Chicago (Roger Pascal and Robert H. Riley, of counsel), for appellee Owens-Illinois, Incorporated.

Judge, Drew, Cipolla & Kurnik, of Park Ridge (James S. Stephenson, of counsel), for appellee Nicolet Industries, Incorporated, successor in interest to Keasvey-Mathison, Incorporated.

Johnson, Cusack & Bell, Ltd., of Chicago (William V. Johnson, Thomas H. Fegan, and Robert Bell, Jr., of counsel), for appellee Johns-Manville Sales Corporation, individually and as successor in interest to Johns-Manville Products Corporation.

Sloan & Connelly, of Chicago (Robert E. Davy and Mark A. Moynihan, of counsel), for appellee Celotex Corporation, individually and as successor in interest to Panacon Corporation and Philip Carey Manufacturing Company.

Baker & McKenzie, of Chicago (Francis D. Morrissey, Harry J. O'Kane, and Daniel J. Cheely, of counsel), for appellee Pittsburgh Corning Corporation, Combustion Engineering, Incorporated, and Fibreboard Corporation.

McKenna, Storer, Rowe, White & Farrug, of Chicago (John F. White, Robert S. Soderstrom, and James P. DeNardo, of counsel), for appellee UNARCO Industries, Incorporated.

Law Offices of Thomas J. Keevers, of Chicago (Debra S. Puchowitz, of counsel), for appellee Eagle-Picher Industries, Incorporated.


Reversed and remanded.

JUSTICE LORENZ delivered the opinion of the court:

These three consolidated appeals present the question of whether punitive damages can be recovered under the Survival Act (Ill. Rev. Stat. 1979, ch. 110 1/2, par. 27-6) in a common law cause of action.

James Froud and John Friday were asbestos workers who allegedly contracted peritoneal mesothelioma from prolonged exposure to asbestos products which were manufactured and sold...

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