Products Liability Law Reporter

In the mid-1960s, Alonzo Cain began working as a brick mason at Inland Steel and remained there for his entire career. He worked with and around asbestos-containing hot top boards that were used as part of the steel-making process and was exposed to asbestos dust. He also worked in close proximity to insulators employed by Paul J. Krez Co., who were installing and replacing asbestos pipe covering. At age 76, Cain was diagnosed as having mesothelioma. He has undergone treatment in an attempt to slow the cancer’s growth.

Cain sued Foseco Inc., which manufactured the hot top boards, and Paul J. Krez Co., alleging failure to warn of the dangers of asbestos.

Foseco admitted that its asbestos-containing hot top boards were present at Inland Steel from 1965 to 1976 and that the boards contained up to 15% asbestos. Foseco denied that Cain had been exposed to those boards and alleged his mesothelioma resulted from exposure to other asbestos-containing products. Paul J. Krez Co. admitted that it installed and removed asbestos-containing pipe covering at Inland Steel from 1965 to 1972 but denied that Cain’s alleged exposure to asbestos dust had substantially contributed to his mesothelioma.

The jury awarded $7.43 million. The jury apportioned liability at 70% to Paul J. Krez Co. and 30% to Foseco Inc.

Citation: Cain v. Foseco Inc., No. 2023L003699 (Ill. Cir. Ct. Cook Cnty. Mar. 15, 2024).

Plaintiff counsel: AAJ members Wyatt Berkover, Michael Maienza, Christian Luciano Santiago, and Nicholas Vogelzang, all of Chicago.