Illinois Court of Appeals Sustains Victory for Plaintiff in Mesothelioma Claim

Craig Liljestrand – a Chicago-based partner in the Product Liability practice area at Hinshaw & Culbertson LLP – published the May edition of his Chicago Daily Law Bulletin column titled, "Though tentative, testimony enough to sustain mesothelioma claim." The article examines the court case Startley v. Welco Manufacturing Company, which involved a claim by the estate of Ronnie Startley arguing that Welco Manufacturing Co. products containing asbestos caused Startley to develop mesothelioma.

The Startley estate successfully appealed the granting of Welco's motion for directed verdict at trial that had rested on the testimony of a co-worker that contradicted the exhibits presented. The court found that the evidence presented was sufficient to "create an issue of material fact as to whether use of Welco's products caused Startley to develop mesothelioma." Liljestrand analyzes the cases reviewed by the Illinois Appellate Court, which ultimately led them to find that the co-worker's testimony was "sufficient to create a genuine issue of material fact" regarding the use of products that were a "substantial factor" in Ronnie Startley developing mesothelioma.

Read the full article (PDF)

"Though tentative, testimony enough to sustain mesothelioma claim" was published by the Chicago Daily Law Bulletin (subscription required)