Supreme Court Ruling Favors Law Suits for Mesothelioma Asbestos Cancer Victims and their Wives Ability to Sue for Take-Home Asbestos Exposure

In a ruling last week, the Illinois Supreme Court ruled against CSX Transportation and in favor of the family of Annette Simpkins of Granite City, Illinois. Simpkins died of asbestos-related cancer after her husband reportedly brought the toxic dust home on his clothing from the railroad. Much like second hand smoke cases, the ruling opens the door for a host of law suits against CSX and other companies in which workers routinely worked in asbestos environments.

The ruling from the Supreme Court now sends the case to back to Madison County for trial. In the ruling, a majority of Supreme Court justices ruled that an employer has an obligation to warn workers and their families about the dangers linked to take-home asbestos exposure. This could have ripple effects throughout a number of industries where asbestos was prevalent in previous years.

The Simpkins family was represented in their law suit by the Simmons Firm, a national asbestos litigation firm headquartered in Alton, Illinois. In a statement, Attorney Ted Gianaris commended the court’s ruling, saying the decision strengthens the rights of Illinois families unjustly harmed by toxic exposures and keeps the railroad from evading its responsibility.

“The Supreme Court made a thoughtful decision that adds protection for any family member who becomes ill from a toxic exposure through no fault of his own,” Gianaris said. “The railroad wanted blanket immunity, claiming its responsibility ended with its workers. The railroad wants us to forget that it knew asbestos was deadly and was likely to leave the rail yard and make it home with the workers.”

According to the law suit, Mr. Simpkins brought asbestos dust home on his clothes in the 1960s when he was employed by CSX Transportation, formerly known as the B&O Railroad. His spouse, Mrs. Simpkins was exposed while doing his laundry and later developed an aggressive asbestos-cancer commonly known as mesothelioma.

The case had been dismissed by the courts back in 2007, and never saw trial at that time. Mrs. Simpkins died from her cancer that same year never knowing that her trial would eventually continue..

According to the statement from the Simmons Firm, “Take-home” asbestos exposure occurs when a family member brings asbestos fibers from the workplace home on his clothes or skin, exposing others living in the household. Studies have shown mesothelioma can be caused with very little exposure to asbestos.
“This ruling protects Illinois’ families and holds wrongdoers accountable,” Gianaris said.