Noddy A. Fernandez May 30, 2017, 12:53pm


ST. LOUIS — A father is suing multiple companies, citing alleged negligence.

Mark Below filed a complaint on May 16 in the St. Clair County Circuit Court against Mark Trucks Inc., Arvinmeritor Inc., BNSF Railway Co., et al alleging that they failed their duty to use ordinary care to manufacture or design products to be reasonably safe or to adequately warn of the harm of asbestos in its products.

According to the complaint, the plaintiff alleges that between 1980 and 1999, his daughter experienced secondary exposure to asbestos and ACMs due to his job as a carpenter and mechanic that resulted in mesothelioma disease. She died July 31, 2015. As a result, Below claims he suffered mental distress, incurred medical expenses and lost enjoyment of life. The plaintiff holds the defendants responsible because they allegedly failed to warn exposed individuals about the dangerous effect of the asbestos and ACMs, failed to have known that the chemicals were deleterious, poisonous and highly harmful when exposed and failed to have known that negligence for safety created a high degree of injuries to others.

The plaintiff requests a trial by jury and seeks judgment in excess of $75,000 for punitive damages, for costs incurred, and for any additional relief the court deems just and proper. He is represented by Andrew O'Brien, Christopher Thoron, Bartholomew J. Braumstark and Gerald J. FitzGerald of O'Brien Law Firm PC in St. Louis.

St. Clair County Circuit Court case number 1722-CC01310

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St. Louis 22nd Judicial Circuit Court
10 North Tucker Boulevard
St. Louis, MO 63101

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