BURGESS v. ABEX CORP.

Nos. 4-98-0354, 4-98-0356.

712 N.E.2d 939 (1999)

305 Ill. App.3d 859

238 Ill.Dec. 835

Jerry BURGESS, as Special Administrator of the Estate of Delbert Burgess, Deceased, and Francis Burgess, Plaintiffs-Appellees, v. ABEX CORPORATION, by its successor-in-interest, PNEUMO ABEX CORPORATION, Defendant-Appellant. Jerry Burgess, as Special Administrator of the Estate of Delbert Burgess, Deceased, and Francis Burgess, Plaintiffs-Appellees, v. Illinois Central Railroad Company, Abex Corporation, Metropolitan Life Insurance Company, Cafe Industries PLC, and Owens-Illinois, Inc., Defendants (Pittsburgh Corning Corporation, Defendant-Appellant).

Appellate Court of Illinois, Fourth District.

Decided June 17, 1999.


Attorney(s) appearing for the Case

Jerold S. Solovy, Donald R. Harris, Barry Levenstam (argued), Jenner & Block, Chicago, for Abex Corporation.

James Wylder (argued), Walker & Wylder, Ltd., Bloomington, for Jerry Burgess.

Dennis J. Dobbels (argued), Brian W. Fields, Polsinelli, White, Vardeman & Shalton, Kansas City, for Pittsburgh Corning Corporation.


Justice COOK delivered the opinion of the court.

In these asbestos cases, the jury found for plaintiffs on a conspiracy theory. Defendants appeal. We affirm.

Delbert Burgess was employed as a security guard at the Union Asbestos & Rubber Company (Unarco) plant in Bloomington during 1953-54, briefly in 1961, and again during 1964-69. Burgess was diagnosed as having mesothelioma in early 1993, and he died June 18, 1993. Burgess' special administrator brought...

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