(Download) "Handley v. Unarco Industries" by And Reversed in Part and Remanded Illinois Appellate Court — Fourth District Affirmed in Part ~ Book PDF Kindle ePub Free
eBook details
- Title: Handley v. Unarco Industries
- Author : And Reversed in Part and Remanded Illinois Appellate Court — Fourth District Affirmed in Part
- Release Date : January 09, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
The issue is whether a default judgment against one group of tortfeasors in one action bars a separate action against another group of tortfeasors who were originally joined in the first action but later were dismissed without prejudice where all of the tortfeasors are alleged to be jointly and severally liable for plaintiffs' injuries caused by exposure to asbestos. In the cross-appeal we consider whether suits alleging intentional torts against employers, whose business involves the use of asbestos material, are barred by the exclusive remedy provisions of the Workers' Occupational Diseases Act. (Ill. Rev. Stat. 1981, ch. 48, pars. 172.40, 172.46.) We reverse the order of summary judgment in the direct appeal, affirm the denial of defendants' motion to dismiss in the cross-appeal, and deny both motions which we have taken with the case. On May 19, 1980, plaintiffs, John Handley et al., brought suit in the circuit court of McLean County (80-L-93) against defendants Owens-Corning Fiberglas Corporation and North American Asbestos Corporation, and other defendants not parties to this appeal, seeking compensatory and punitive damages for injuries they or their decedents received as a result of exposure to asbestos while employed by Unarco Industries and its successor, Owens-Corning Fiberglas Corporation, at a plant in Bloomington, Illinois. The defendants named in the action were the employers, suppliers, and distributors of asbestos products. Plaintiffs' complaint pleaded various theories of recovery and sought to hold the defendants jointly and severally liable on individual claims and claims brought on behalf of deceased employees' estates.
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