December 12, 2018 By Nicholas Vogelzang

Chicago Tuesday Asbestos Call Recap: VL Plans for 2019

Chicago, IL (December 11, 2018) —

The Daley Center hosts an Asbestos Call every other Tuesday, which serves as the time and place to track the progress of a lawsuit in preparation for the trial date. The Vogelzang Law blog provides bi-weekly Asbestos Call updates.

The asbestos motion call on Tuesday, December 11, 2018 was well-attended with some heated arguments on pending mesothelioma cases. First and foremost in the Mary Miller case, Vogelzang Law brought up their motion for a site visit of the Borg Warner, Bellwood, Illinois premise site. Plaintiff Mary Miller worked as a sander and punch press operator among other job duties for 40 years at this facility. Vogelzang Law first raised the request of a site visit at the prior asbestos call but it was continued to give counsel from Borg Warner adequate time to respond to the request in writing. Tuesday’s call brought about a decisive hearing. Borg Warner argued that a site visit would be too dangerous for outsiders, too loud and too burdensome. Plaintiff argued that Mary Miller’s mesothelioma is terminal and that she should be allowed to not only inspect the premises, but upon inspection, sit for a portion of a video-taped evidence deposition, thereby allowing her to point out where and how she worked within the facility. Attorney Nicholas Vogelzang also argued that this would be easier than bringing the jury to the premise at the time of trial, besides the fact that plaintiff may not be well enough to perform such a site visit by the time of the July, 2019 trial. In addition, Attorney Vogelzang pointed out that school students have previously been given tours of the premise. Judge McWilliams was not swayed by the issue of whether school tours had been allowed in the past.  However, she granted plaintiff’s motion and left it up to counsel for both sides to work out the details of the site visit.

In addition to the Borg Warner argument, Attorney Wyatt Berkover at Vogelzang Law also defended a motion asking that new fact witnesses not be allowed in the Terry Steinberg case. Defendant Honeywell argued that plaintiff had missed the deadline in the case management order and thus, even if the trial date was moved to a later date the plaintiff should be barred from bringing in new facts. The judge found that there would be no prejudice in allowing for additional fact witnesses and thus Honeywell’s motion was denied.

Finally, Vogelzang Law attorney Michael Maienza requested that a trial date be set for February 11, 2020 in Quedens v. 3M Company 18L 011972. Mr. Quedens was exposed to asbestos as a Chicago Local 17 insulator throughout the Chicagoland area.  A trial date was set without objection.

The Vogelzang Law team continues to advocate for families across America who have been impacted by asbestos. Mesothelioma is a rare and aggressive cancer linked to asbestos fibers, which are easily inhaled when working with asbestos materials. As a result, insulators, pipefitters, construction workers, mechanics, and more are among the most at-risk groups.