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ST. LOUIS RECORD

Wednesday, April 24, 2024

Man's heirs allege asbestos resulted in lung cancer

Asbestos 02

ST. LOUIS — Surviving heirs are suing multiple corporation, citing alleged negligent use of asbestos fibers.

Donna Sue McCarty, Dana Maria Atkins-McCarty and James Lee McCarthy, as the surviving heirs of Harry David McCarty, deceased, filed a complaint on Jan. 10 in the St. Louis 22nd Judicial Circuit Court against A.O. Smith Corp., Air & Liquid Systems Corporation, Ameren Corporation, et al. alleging that the defendants manufactured, sold and distributed asbestos-containing products that were in a defective condition and were unreasonably dangerous.

According to the complaint, the surviving heirs allege that, between 1975 and 1995, Harry David McCarty was allegedly exposed to asbestos while he was employed as a laborer for various companies in Missouri. During the course of his employment, he inhaled, ingested or otherwise absorbed large amounts of asbestos fibers from certain products, which were manufactured, sold and distributed by the defendants, which caused him to be diagnosed with lung cancer on Oct. 10, 2014. 

The plaintiffs hold A.O. Smith Corp., Air & Liquid Systems Corporation, Ameren Corporation, et al. responsible because the defendants allegedly failed to provide adequate warnings to people working with or around the products of the dangers of inhaling, ingesting or otherwise absorbing the asbestos fibers contained in them.

The plaintiffs request a trial by jury; and seek judgment for actual and compensatory damages, and award of punitive and exemplary damages in an amount in excess of $25,000. They are represented by Laci M. Whitley of Flint Law Firm, LLC in Edwardsville, Illinois and Jason M. Ministrelli and Erik P. Karst of Karst & von Oiste, LLP in Houston.

St. Louis 22nd Judicial Circuit Court case number 1822-CC00064

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