Illinois Asbestos Case Law

Asbestos decisions from Illinois's courts and the federal courts there: 151 cases in our library so far. For what the law requires today, see Illinois asbestos laws; for where exposure happened, see Illinois asbestos exposure sites.

State supreme court

Illinois Supreme Court

• Jones v. Pneumo Abex LLC (2019). The Illinois Supreme Court reversed the appellate court's reinstatement of the civil conspiracy claims against Owens-Illinois and Pneumo Abex and remanded to the appellate court to review the circuit court's summary judgment for those defendants under the correct standard.
• Folta v. Ferro Engineering (2015). The Illinois Supreme Court reversed the appellate court and affirmed the circuit court's dismissal, so Ferro Engineering won and Ellen Folta's wrongful death action against it was barred.
• Simpkins v. CSX Transp., Inc. (2012). The Illinois Supreme Court affirmed the appellate court's reversal of the dismissal of the complaint against CSX Transportation on different grounds, held the complaint's duty allegations insufficient, and remanded so plaintiff could amend.
• Nolan v. Weil-McLain (2009). The Illinois Supreme Court reversed the appellate court and circuit court judgments for the plaintiff executrix and remanded for a new trial, because the trial court wrongly barred Weil-McLain from presenting evidence of the decedent's other asbestos exposures.
• McClure v. Owens Corning Fiberglas Corp. (1999). The Illinois Supreme Court reversed the appellate court and the jury verdicts for the three plaintiffs, and ordered judgment entered for Owens Corning and Owens-Illinois because the evidence did not prove a civil conspiracy.
• Adcock v. Brakegate, Ltd. (1994). The Illinois Supreme Court affirmed the appellate court and the $213,811.79 judgment for the plaintiff estate against Owens-Corning, holding Owens-Corning waived its challenge to the conspiracy counts by answering and going to verdict.
• Thacker v. Unr Industries, Inc. (1992). The Illinois Supreme Court affirmed the appellate court, which had upheld the jury verdicts for plaintiff Lois Thacker and denied the Manville Fund's request for judgment n.o.v.
• Board of Education v. A, C & S, Inc. (1989). The court affirmed the appellate court in part, reinstating the school districts' strict liability, negligence and negligent misrepresentation claims against the asbestos defendants. It upheld dismissal of the fraud, warranty, restitution, Consumer Fraud Act and implied Asbestos Abatement Act claims, and remanded.
• Zurich Insurance Co. v. Raymark Industries, Inc. (1987). The Illinois Supreme Court affirmed the appellate court: coverage is triggered by bodily injury, sickness or disease during a policy period; insurers need not defend after exhausting limits; no pro rata allocation; no jury right. Zurich, Federal and Commercial Union won on the defense-duty issues, and Raymark won on the trigger and allocation issues.
• Costello v. Unarco Industries, Inc. (1986). The Illinois Supreme Court reversed the lower courts' dismissal of the strict liability counts against H.K. Porter and remanded, holding Marion Costello's suit was timely under section 13-213.
• Froud v. Celotex Corp. (1983). The Illinois Supreme Court reversed the appellate court and affirmed the circuit court's dismissal of the plaintiffs' common law punitive damages claims against the asbestos defendants, including Celotex, because those claims did not survive the decedents' deaths under the Survival Act.
• Nolan v. Johns-Manville Asbestos (1981). The Illinois Supreme Court affirmed the appellate court's reversal of summary judgment for the defendants (Johns-Manville and others) and remanded to the circuit court, so the plaintiff's estate may proceed on the asbestosis claim.

State appeals courts

Illinois Appellate Court

• 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.