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CARUSO v. M & O INSULATION CO.

No. 4-03-0149.

802 N.E.2d 327 (2003)

345 Ill. App.3d 345

280 Ill.Dec. 402

Antonio CARUSO and Beatrice Caruso, Plaintiffs-Appellants and Cross-Appellees, v. M & O INSULATION COMPANY, Defendant-Appellee and Cross-Appellant (Sprinkmann Sons Corporation of Illinois; Armstrong World Industries, Inc.; Owens-Illinois, Inc., W.R. Grace Brand Insulations, Inc.; A.P. Green Industries, Inc.; Rapid-American Corporation; United States Gypsum Company; Pneumo Abex Corporation; Metropolitan Life Insurance Company; T & N Ltd.; and Industrial Health Foundation, Inc., Defendants).

Appellate Court of Illinois, Fourth District.

Decided December 29, 2003.

Attorney(s) appearing for the Case

Andrew J. Kelly (argued), Walker & Wylder, Ltd., Bloomington, for Antonio Caruso.

John J. Kohnke, Paul E. Wojcicki (argued), Segal, McCambridge, Singer & Mahoney, Ltd., Chicago, for Sprinkmann Sons Corporation of Illinois.

Justice COOK delivered the opinion of the court:

The trial court, during a jury trial, entered a directed verdict for defendant at the close of plaintiffs' case. Plaintiffs appeal. We reverse and remand.

Plaintiff, Antonio Caruso, developed mesothelioma as a result of exposure to asbestos during his work at the City Water, Light and Power Plant (CWLP) in Springfield, Illinois. Plaintiff worked in CWLP's Dallman...

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