Illinois Appellate Court: Asbestos Cases

Our case-law library holds 77 asbestos decisions from the Illinois Appellate Court (1979–2024). Each links to our summary and the full opinion.

• State: Illinois
• Kind of court: State appeals court

Decisions

• Ramirez v. Avon Products, Inc. (1st District, 5th Division, 2024). The appellate court affirmed the circuit court's order that let Avon file third-party contribution claims but severed and stayed them so the Ramirezes' trial could go ahead as scheduled; Avon lost and the Ramirezes prevailed.
• LaFever v. Ford Motor Company (3rd District, 2023). The appellate court affirmed the trial court's order granting plaintiff Trudy LaFever a new trial after a jury verdict for Ford Motor Company, finding no abuse of discretion.
• McNamara v. Ico Polymers North America, Inc. (1st District, 2nd Division, 2023). The appellate court reversed the denial of plaintiffs' new-trial motion because requiring a witness to testify in person was an abuse of discretion, remanded for a new trial, and affirmed exclusion of the decedent's pre-suit evidence deposition, so plaintiffs won in part and ICO Polymers won in part.
• Daniels v. Venta Corp. (2nd District, 2022). The appellate court reversed the dismissal of the sixth amended complaint with prejudice and remanded, ruling for plaintiff Anna Daniels against Venta Corporation (formerly ABC), Sycamore Industrial Park Associates and Robert Boey.
• Jones v. Pneumo Abex LLC (5th District, 2021). Affirmed the trial court's summary judgment for Pneumo Abex and Owens-Illinois on the Joneses' civil conspiracy claims, after the Illinois Supreme Court remanded for a proper analysis.
• Krumwiede v. Tremco, Inc. (4th District, 2020). The appellate court reversed the trial court's judgment on the jury verdict for the Krumwiede plaintiffs, holding Tremco was entitled to judgment n.o.v. because plaintiffs did not prove substantial-factor causation.
• Linder v. AW Chesterton Co. (5th District, 2020). The appellate court denied GIW's motion to dismiss or stay the appeal and affirmed the circuit court's protective order barring the Linder plaintiffs from using GIW's Bills of Material outside the litigation without consent or leave of court.
• Daniels v. ArvinMeritor, Inc. (1st District, 4th Division, 2019). The appellate court affirmed the judgment for plaintiff Sharon Daniels, as administrator of Patrick O'Reilly's estate, against John Crane, Inc., and upheld the denial of John Crane's motion for a new trial.
• Campbell v. Acme Insulations, Inc. (1st District, 6th Division, 2018). The appellate court reversed the circuit court's denial of General Electric's motion to dismiss for lack of personal jurisdiction and remanded with directions to dismiss GE as a defendant, so GE won and the plaintiff lost on this issue.
• Jones v. Pneumo Abex LLC (5th District, 2018). The appellate court reversed the trial court's summary judgment for Pneumo Abex and Owens-Illinois on the civil conspiracy claims and remanded for further proceedings, ruling for plaintiffs John and Deborah Jones.
• Lamorak Ins. Co. v. Kone, Inc. (1st District, 2nd Division, 2018). Affirmed the circuit court's partial summary judgment for Kone and Liberty Mutual, declaring that Lamorak's 1977-1985 policies subject to self-insured retentions provided primary insurance; Lamorak lost its appeal.
• McKinney v. Hobart Bros. Co. (4th District, 2018). The appellate court reversed the trial court's judgment on the jury verdict for plaintiff Charles McKinney, holding that defendant Hobart Brothers Company was entitled to judgment notwithstanding the verdict.
• Startley v. Welco Mfg. Co. (1st District, 2nd Division, 2017). The appellate court reversed the directed verdict that the trial court had entered for Welco Manufacturing Company and remanded for a new trial, which favors the Startley estate.
• Adams v. Employers Insurance Company OF Wausau (3rd District, 2016). Affirmed the circuit court's dismissal of the plaintiffs' declaratory judgment action against the insurers Wausau, TIG and Travelers, so the plaintiffs lost.
• Smith v. Illinois Central R. Co. (4th District, 2015). The appellate court reversed the judgment for plaintiff James Smith against Illinois Central Railroad and remanded for a new trial, because the trial court barred the railroad from presenting evidence of Smith's earlier work at the UNARCO asbestos plant.
• Folta v. Ferro Engineering (1st District, 5th Division, 2014). The appellate court reversed the trial court's section 2-619 dismissal of Ellen Folta's claims against Ferro Engineering and remanded, holding the workers' compensation exclusivity bar did not apply.
• Holloway v. Sprinkmann Sons Corporation (4th District, 2014). The appellate court affirmed the judgment for Sprinkmann Sons Corporation of Illinois after a jury verdict and the denial of a new trial, so Carol Holloway lost.
• Shipley v. Hoke (4th District, 2014). The appellate court affirmed the dismissal of the judgment creditor's enforcement motions against Hoke, Shine and Cooney & Conway: Hoke and Shine won on the affirmative defense that the supplementary proceedings had terminated, and Cooney won because the court had no personal jurisdiction over it.
• Gillenwater v. Honeywell Intern., Inc. (4th District, 2013). The appellate court affirmed the trial court's judgment notwithstanding the verdict for Honeywell, Owens-Illinois and Pneumo Abex on Charles Gillenwater's conspiracy claims, and affirmed summary judgment for them on Donita Gillenwater's loss-of-consortium claims.
• John Crane, Inc. v. Admiral Insurance Company (1st District, 2nd Division, 2013). Affirmed in part and reversed in part: horizontal exhaustion of Kemper's original primary limits is required, but triggered excess and umbrella policies are jointly and severally liable and John Crane need not prove all three Zurich triggers; remanded for a new exhaustion determination.
• John Crane, Inc. v. Admiral Insurance Company (1st District, 2nd Division, 2013). The appellate court affirmed in part and reversed in part the circuit court's judgment, holding that John Crane must prove exhaustion of Kemper's original primary limits, that triggered umbrella and excess policies are jointly and severally liable, and that Crane need prove only one Zurich trigger; it rejected the insurers' cross-appeal and remanded.
• Buckles v. Hopkins Goldenberg, PC (5th District, 2012). The appellate court affirmed summary judgment for Simmons and the partial summary judgment for the Hopkins firm on the Pittsburgh Corning settlement, but reversed the June 18, 2010 partial summary judgment for the Hopkins firm and remanded, so plaintiff Buckles won in part.
• Fennell v. Illinois Central Railroad Company (5th District, 2012). The appellate court affirmed the St. Clair County trial court's denial of Illinois Central Railroad's forum non conveniens motion to dismiss in favor of a Mississippi forum, so plaintiff Walter Fennell's FELA suit stays in Illinois.
• Menssen v. Pneumo Abex Corporation (4th District, 2012). The appellate court reversed the trial court's denial of judgment n.o.v. and the jury verdict for Menssen, ruling that Abex and Honeywell were entitled to judgment because the evidence did not prove they conspired to suppress or misrepresent asbestos hazards.
• In re Estate OF Holmes v. Pneumo Abex, LLC (4th District, 2011). The appellate court reversed the trial court's judgment on the jury verdict for plaintiff, holding that Abex and Honeywell were entitled to judgment n.o.v. because they owed no duty to the decedent; the defendants won and the estate lost.
• Rodarmel v. Pneumo Abex, LLC (4th District, 2011). The appellate court reversed the trial court's judgment on the jury verdict for plaintiffs, holding that defendants Honeywell and Pneumo Abex were entitled to judgment notwithstanding the verdict.
• Zickuhr v. Ericsson, Inc. (1st District, 6th Division, 2011). The appellate court affirmed the denial of Ericsson's motion for judgment notwithstanding the verdict or a new trial, leaving the plaintiffs' jury verdict for Campbell's estate in place.
• Laverty v. CSX Transportation, Inc. (5th District, 2010). The appellate court reversed the Madison County circuit court's denial of CSX Transportation's forum non conveniens motion and remanded with directions to dismiss the widow's FELA counts, so CSX won and the plaintiff lost her Illinois forum.
• Simpkins v. CSX Corp. (5th District, 2010). The appellate court reversed the trial court's section 2-615 dismissal of three counts against CSX and remanded, holding the plaintiff's complaint stated a duty owed by CSX's predecessor to the employee's wife.
• Nelson v. Aurora Equipment Company (2nd District, 2009). Affirmed the circuit court's summary judgment for Aurora Equipment Company, holding it owed no premises-liability duty to Eva Nelson's estate, which lost.
• Berry v. American Standard, Inc. (5th District, 2008). The appellate court affirmed the order barring use of Howard Berry's discovery deposition as trial evidence, and affirmed the summary judgments for the defendants, so his widow lost.
• Dukes v. Pneumo Abex Corporations (4th District, 2008). The appellate court reversed the jury verdict for plaintiff Doris Dukes against Honeywell and remanded for a new trial, because the trial court wrongly admitted a 1948 nolo contendere price-fixing plea and a Bendix employee's letter; it denied Honeywell's request for judgment n.o.v. and its motion to return discovery documents.
• Gregory v. Beazer East (1st District, 5th Division, 2008). The appellate court affirmed summary judgment for Mobil (no duty to the pipe fitter) and the order applying Indiana law in favor of Georgia-Pacific, so the widow lost on both claims.
• In re All Asbestos Litigation (1st District, 4th Division, 2008). The appellate court reversed the trial court's order compelling Warren Pumps to produce nearly 40 years of Illinois sales records, and vacated the $1 'friendly contempt' citation against its attorney, remanding for further proceedings.
• Nolan v. Weil-McLain (4th District, 2006). The appellate court affirmed the $2,368,000 jury verdict for plaintiff Sally Nolan against Weil-McLain, rejecting its challenges to the exclusion of other-exposure evidence, the refusal of a contributory-negligence instruction, and the closing-argument remarks (one justice dissented).
• Flanders v. California Coastal Communities (5th District, 2005). The appellate court reversed the trial court's denial of California Coastal Communities' motion to dismiss for lack of personal jurisdiction and remanded, because the trial court never found that California Coastal was M.W. Kellogg's successor; the plaintiff's estate lost this round.
• Caruso v. M & O Insulation Co. (4th District, 2003). The appellate court reversed the directed verdict for M & O Insulation Company at the close of plaintiffs' case and remanded, leaving any Rule 219 sanction question to the trial court; Caruso won and M & O lost.
• Pritchett v. Asbestos Claims Mgt. Corp. (5th District, 2002). The appellate court affirmed the circuit court's order enforcing the settlement jointly and severally against the remaining CCR defendants for the unpaid balance, and rejected their accord-and-satisfaction defense, so plaintiff Pritchett won.
• Boldini v. Owens Corning (4th District, 2001). The appellate court reversed the trial court's summary judgment for Sprinkmann Sons Corporation of Illinois and remanded, holding the construction statute of repose did not bar plaintiffs' claims based on Sprinkmann's sale and distribution of asbestos products.
• Burns v. AP Green Industries, Inc. (5th District, 2001). The appellate court reversed the trial court's denial of the defendants' motions to transfer and remanded with directions to transfer the case from Madison County to Shelby County, Illinois, ruling for the defendants.
• Dykstra v. AP Green Industries, Inc. (5th District, 2001). The appellate court affirmed the Madison County trial court's denial of the defendants' motion to dismiss or transfer on forum non conveniens grounds, so plaintiff Dykstra kept his chosen forum and defendants Burns, Certain-Teed, Pfizer, Quigley and Union Carbide lost.
• King v. Paul J. Krez Co. (1st District, 5th Division, 2001). The appellate court affirmed summary judgment for insulation contractors Krez and Brand, holding the widow's wrongful death claim was barred by the 10-year construction statute of repose.
• Burgess v. Abex Corp. EX rel. Pneumo Abex (4th District, 2000). On remand from the Illinois Supreme Court in light of McClure, the appellate court reversed the judgment against Abex and remanded for a new trial, and reversed the judgment against Pittsburgh Corning and ordered judgment entered in its favor.
• Burgess v. Abex Corp. (4th District, 1999). The appellate court affirmed the jury verdict and judgment for plaintiffs (the Burgess estate and Francis Burgess) against Abex Corporation and Pittsburgh Corning Corporation on a civil conspiracy theory.
• Spain v. Owens Corning Fiberglass Corp. (4th District, 1999). The appellate court affirmed the $1.8 million jury verdict for plaintiff Shirley Spain against Owens Corning Fiberglass, rejecting its challenges to causation, evidence exclusion, the jury instruction, and the denial of a new trial or remittitur.
• Westinghouse Airbrake Co. v. Indus. Com'n (3rd District, Industrial Commission Division, 1999). The court dismissed the Brook appeal for want of a valid Commission decision and remanded it, held that Lyle Heller's claims could not proceed under the Workers' Compensation Act (dismissed them) while Bertha Heller's death-benefit claim could and was remanded to the Commission, and found the circuit court had jurisdiction over Bertha's appeal.
• McClure v. Owens Corning Fiberglas Corp. (4th District, 1998). The appellate court affirmed the jury verdicts for plaintiffs Bicknell, Thacker and McClure against Owens Corning Fiberglas and (in McClure) Owens-Illinois, and remanded only so the trial court could apply setoffs for settlements with other defendants.
• Risch v. Paul J. Krez Co. (1st District, 6th Division, 1997). The appellate court affirmed summary judgment for Paul J. Krez Co., holding the construction statute of repose barred the estates' wrongful death claims; the plaintiffs lost.
• Van Winkle v. Owens-Corning Fiberglas Corp. (4th District, 1997). The appellate court reversed the jury verdicts for the Van Winkle and Hicks plaintiffs against Owens-Corning Fiberglas because the trial court did not properly answer the jury's question on conspiracy, and remanded for a new trial.
• Barry v. Owens-Corning Fiberglas Corp. (1st District, 1st Division, 1996). The appellate court affirmed the judgment on the jury's roughly $12.3 million verdict (reduced to about $11 million for settlements) for the Barry estate against Owens-Corning Fiberglas, rejecting OCF's challenges to the videotape, instructions, verdict form and damages amount.