Notice of Service of Process

null / ALL

Transmittal Number: 21578970

Date Processed: 06/04/2020

Primary Contact: Julie Milligan

Honeywell International

300 S Tryon St

Charlotte, NC 28202-1040

Entity: Honeywell International Inc.

Entity ID Number 2034040

Entity Served: Honeywell International, Inc.

Title of Action: Pamela Longobardi vs. Borg-Warner Corporation, by its successor-in-interest

Borg-Warner Morse Tec, Inc.

Matter Name/ID: Pamela Longobardi vs. Borg-Warner Corporation, by its successor-in-interest

Borg-Warner Morse Tec, Inc. (10278775)

Document(s) Type: Summons/Complaint

Nature of Action: Asbestos

Court/Agency: Cook County Circuit Court, IL

Case/Reference No: 19-L-002580

Jurisdiction Served: Illinois

Date Served on CSC: 06/02/2020

Answer or Appearance Due: 30 Days

Originally Served On: CSC

How Served: Personal Service

Sender Information: Ethan A. Flint

618-288-4777

Information contained on this transmittal form is for record keeping, notification and forwarding the attached document(s). It does not

constitute a legal opinion. The recipient is responsible for interpreting the documents and taking appropriate action.

To avoid potential delay, please do not send your response to CSC

251 Little Falls Drive, Wilmington, Delaware 19808-1674 (888) 690-2882 | sop@cscglobal.com

EXHIBIT 3

Case: 1:20-cv-04367 Document #: 1-3 Filed: 07/24/20 Page 1 of 20 PageID #:18
0 CC) 

N O O 

~ 

0 N 2120 - Served 2121- Served 

2220 - Not Served 2221- Not Served 

2320 - Served By Mail 2321- Served By Mail 

2420 - Served By Publication 2421- Served By Publication 

Summons - Alias Summons 

FILED 

5/27/2020 2:43 PM 

DOROTHY BROWN 

CIRCUIT CLERK 

COOK COUNTY, IL 

2019L002580 

9332943 

(08/01/18) CCG 0001 A 

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS 

Eugene Longobardi 

(Name all parties) Case No. 19-L-002580 

V. 

Borg-Warner Corporation, et al. 

® SUMM SUMMONS 

TO: Honeywell International, Inc. 

SERVE AT: Illinois Corporation Service Co., 801 Adlai Stevenson Drive, Sprinafield, IL 62703 

YOU ARE SUMtii IONED and required to file an answer to the complaint in this case, a copy ~of 

which is hereto attached, or otherwise file your appearance and pay tFie required fee wrthin thirty 

(30) days after service of this Summons, not counting the day of service. To file your answer or 

appearance you need access to the internet. Please v-isit t~~z-c~~conkcountyclerkcfcourt.orgto initiate 

this process. Kiosks with internet access are available at all Clerk's Office locations. Please refer to 

the last page of this document for location information. 

If you fail to do so, a judgment by default rnay be entered against you for the relief 

requested in the complaint. 

To the Officer: 

This Summons must be returned by the officer or other person to whom it was given for service, 

with endorsement of service and fees, if any, immediately after service. If service cannot be made, 

this Surrimons shall be returned so endorsed. This Summons may not be served later than thirty (30) 

days after its date. 

Dorothy Brown, Clerk of the Circuit Court of Cook County, Illinois 

cookcountyclerkofcourt.org 

Page 1 of 3 

,nt~A 

Case: 1:20-cv-04367 Document #: 1-3 Filed: 07/24/20 Page 2 of 20 PageID #:19
Summons - ALias Summons (08/01/18) CCG 0001 B _ 

E-filing is now mandatory for docurnents in civil cases with lirnited exeniptions. To e-file, you must first 

create an account with an e-filing service provider. Visit http://efile.illinoiscourts.gov/service-proxriders.htm 

to learn more and to select a service provider. If you need additional help or have trouble e-filing, visit http:// 

wa,Nv.illinoiscourts.gov/FAQ/gethelp.asp,or talk with your local circuit clerk's office. 

5/27/2020 2:43 PM DOROTHY BROWN 

Atty 1\To.: 6286170 Witness: 

Atty Name: Ethan A. Flint (Firm No. 61062) 

Atty. for: Plaintiff 

rlddress: P.O. Boz 189 

City: Edwardsville 

State: IL Zip: 62025 

Telephone: 618-288-47 77 

Prunary Email: sei-v-ice@flintlaw.com 

• f ~t `

~ : u 

DOROT' "` B~O~~i¢~ , Clerk of Court 

. r,atr~5t, 

Date of Service: _@ l If,V '~ '~: 202 C, 

(To be inserted by officer on copy left vith 

Defendant or other person): 

Dorothy Brown, Clerk of the Circuit Court of Cook County, I1linois 

cookcountyclerkofcourt. org 

Page 2 of 3 

Case: 1:20-cv-04367 Document #: 1-3 Filed: 07/24/20 Page 3 of 20 PageID #:20
CLERK OF THE CIRCUIT COURT OF COOK COUNTY OFFICE LOCATIONS 

G Richard J Daley Center O Domestic Relations Division 

50 W Washington Richard J Daley Center 

Chicago, IL 60602 50 W Washington, Rm 802 

G` District 2- Skokie Chicago, IL 60602 

5600 Old Orchard Rd Hours: 8:30 am - 4:30 pm 

Skokie, IL 60077 0 Civil Appeals 

C District 3- Rolling Meadows Richard J Daley Center 

2121 Euclid 50 W Washington, Rm 801 

Rolling Meadows, IL 60008 Chicago, IL 60602 

Hours: 8:30 am - 4:30 pm 

C~ District 4 - lYlaywood 

1500 Maybrook Ave 0 Criminal Department 

Maywood, IL 60153 Richard J Daley Center 

50 W Washington, Rm 1006 

C: District 5- Bridgeview Chicago, IL 60602 

10220 S 76th Ave Hours: 8:30 am - 4:30 pm 

Bridgeview, IL 60455 

O County Division 

* District 6- Markham Richard J Daley Center 

16501 S Kedzie Pkwy 50 `YI Washirigton, Rm 1202 

1llarkham, IL 60428 Chicago, IL 60602 

0 Domestic Violence Court Hours: 8:30 am - 4:30 pm 

555 W Harrison 0 Probate Division 

Chicago, IL 60607 Richard J Daley Center 

0 Juvenile Center Building 50 W Washington, Rm 1202 

2245 W Ogden Ave, Rm 13 . Chicago, IL 60602 

Chicago, IL 60602 Hours: 8:30 am - 4:30 pm 

C Criminal Court Building 0 Law Division 

2650 S California Ave, Rm 526 Richard J Daley Center 

Chicago, IL 60608 50 W Washington, Rm 801 

Chicago, IL 60602 

Daley Center Divisions/Departments Hours: 8:30 am - 4:30 pm 

C) Civil Division 0 Traffic Division 

Richard J Daley Center Richard J Daley Center 

50 W Washington, Rm 601 50 W Washington, Lower Level 

Chicago, IL 60602 Chicago, IL 60602 

Hours: 8:30 am - 4:30 pm Hours: 8:30 am - 4:30 pm 

0 Chancery Division 

Richard J Daley Center 

50 W Washington, Rm 802 

Chicago, IL 60602 

Hours: 8:30 am - 4:30 pm 

Dorothy Brown, C1erk of the Circuit Court of Cook County, Illinois 

cookcountyclerkofcourt. org 

Page 3 of 3 

Case: 1:20-cv-04367 Document #: 1-3 Filed: 07/24/20 Page 4 of 20 PageID #:21
IN THE CIRCUIT COURT 

COOK COUNTY, ILLINOIS 

PAMELA LONGOBARDI, Individually and as 

Special Administrator of the Estate of 

EUGENE LONGOBARDI, deceased, 

Plaintiff, 

BORG-WARNER CORPORATION, by its szrccessor-in-interest 

BORG-WARNER MORSE TEC, INC., et al., 

Defendant. 

FILED 

5/12/2020 12:14 PM 

DOROTHY BROWN 

CIRCUIT CLERK 

COOK COUNTY, IL 

2019L002580 

) 

) 

) No.19-L-002580 

) 

) 

)JURY TRIAL DEMANDED 

) 

) WRONGFUL DEATH 

) 

) 

) 

) 

ORI)ER 

GRANTING LEAVE TO FILE A TI3IRD A11IENI)ED COlVIPLAINT 

Cause coming to be heard on the Routine Motion of Flint Law Firm, LLC, for leave to 

file a Third Amended Complaint, and the Court having considered the Motion and being fiilly 

advised in the premises, hereby orders as follows: 

PAMELA LONGOBARDI, Individually and as Special Administrator of the Estate of 

EUGENE LONGOBARDI, deceased, is hereby granted leave to file a Third Amended 

Complaint reflecting the addition of Defendant HONEYWELL INTERNATIONAL, INC., in the 

above-titled cause of action. 

Date: Enter: 

Judge Presiding ~~ ~®~~ • ~ ~~~ 

Page 1 of 1 

No. 2019L002580 

Case: 1:20-cv-04367 Document #: 1-3 Filed: 07/24/20 Page 5 of 20 PageID #:22
IN THE CIRCUIT COURT 

COOK COUNTY, ILLINOIS 

PAMELA LONGOBARDI, Individually and as 

Special Administrator of the Estate of 

EUGENE LONGOBARDI, deceased, 

Plaintiff, 

BORG-WARNER CORPORATION, by its sziccessor-in-interest 

BORG-WARNER MORSE TEC, INC., et al., 

Defendant. 

FILED 

5/12/2020 12:14 PM 

DOROTHY BROWN 

CIRCUIT CLERK 

COOK COUNTY, IL 

2019L002580 

) 

) 

) No.19-L-002580 

) 

) 

)JURY TRIAL DEMANDED 

) 

) WRONGFUL DEATH 

) 

) 

) 

) 

ORI)ER 

GRANTING LEAYE TO FILE A THIRD AMENDEII COMPLAINT 

Cause coming to be heard on the Routine Motion of Flint Law Firm, LLC, for leave to 

file a Third Amended Complaint, and the Court having considered the Motion and being fully 

advised in the premises, hereby orders as follows: 

PAMELA LONGOBARDI, Individually and as Special Administrator of the Estate of 

EUGENE LONGOBARDI, deceased, is hereby granted leave to file a Third Amended 

Complaint reflecting the addition of Defendant HONEYWELL INTERNATIONAL, INC., in the 

above-titled cause of action. 

- ._ ~9NQ►

~B~~~h~~~~~°~~t11A 

Date: Enter: .~ ~g 

Jud'ge Presiding • 1 ~ 

Page 1 of 1 

No. 2019L0025.80 

Case: 1:20-cv-04367 Document #: 1-3 Filed: 07/24/20 Page 6 of 20 PageID #:23
Notice of Service of Process

null / ALL

Transmittal Number: 21641727

Date Processed: 06/19/2020

Primary Contact: Julie Milligan

Honeywell International

300 S Tryon St

Charlotte, NC 28202-1040

Entity: Honeywell International Inc.

Entity ID Number 2034040

Entity Served: Honeywell International, Inc.

Title of Action: Pamela Longobardi, Special Administrator of the Estate of Eugene Longobardi

vs. Borg-Warner Corporation, by its successor -In- interest Borg-Warner Morse

Tec, Inc.

Matter Name/ID: Pamela Longobardi vs. Borg-Warner Corporation, by its successor-in-interest

Borg-Warner Morse Tec, Inc. (10278775)

Document(s) Type: Summons/Complaint

Nature of Action: Asbestos

Court/Agency: Cook County Circuit Court, IL

Case/Reference No: 19-L-002580

Jurisdiction Served: Illinois

Date Served on CSC: 06/19/2020

Answer or Appearance Due: 30 Days

Originally Served On: CSC

How Served: Personal Service

Sender Information: Ethan A. Flint

618-288-4777

Information contained on this transmittal form is for record keeping, notification and forwarding the attached document(s). It does not

constitute a legal opinion. The recipient is responsible for interpreting the documents and taking appropriate action.

To avoid potential delay, please do not send your response to CSC

251 Little Falls Drive, Wilmington, Delaware 19808-1674 (888) 690-2882 | sop@cscglobal.com

Case: 1:20-cv-04367 Document #: 1-3 Filed: 07/24/20 Page 7 of 20 PageID #:24
FILED 

5/27/2020 2:43 PM 

DOROTHY BROWN 

CIRCUIT CLERK 

COOK COUNTY, IL 

2019L002580 

9332943 

2120 - Served 2121 - Served 

2220 - Not Served 2221- Not Served 

2320 - Served By Mail 2321- Served By Mail 

2420 - Served By Publication 2421 - Served By Publication 

Surnmons - Alias Summons (08/01/18) CCG 0001 A 

IN THE CIRCUI'T COURT OF COOK COUNTY, ILLINOIS 

Eugene Longobardi 

(Name all parties) 19- Case No. 

Borg-Warner Corpora 

® SUMMONS ❑ ALIAS SU111MONS 

TO: oneywell International, Inc. 

SERVE AT: Illinois Corporation Service Co., 801 Adlai Stevenson Drive, Sprinafield, IL 

YOU i~RE SU1~Ili ~re to e an answer to the com~plaint in this case, a copy ~of 

which is hereto attached, or otherwise file your appearance and pay the required fee within thirty 

(30) days after service of this Summons, not counting the day of service. To file your answer or 

appearance you need access to the internet. Please visit wwwcookcountvclerkofcourt.org to initiate 

tlus process. Kiosks with internet access are available at a11. Clerk's Office locations. Please refer to 

the last page of this document for location information. 

If you fail to do so, a judament by default may be entered against you for the relief 

requested in the complaint. 

To the Ofhcer: 

This Summons must be returned by the officer or other person to whom it was given for service, 

with endorsement of service and fees, if any, immediately after service. If service cannot be made, 

this Summons shall be returned so endorsed. 1"his Summons may not be served later than thirty (30) 

days after its date. 

Dorothy Brown, Clerk of the Circuit Court of Cook County, Illinois 

cookcountyclerkofcourt. org 

Page I of 3 

JUNI 1 .9 2020 

Case: 1:20-cv-04367 Document #: 1-3 Filed: 07/24/20 Page 8 of 20 PageID #:25
Summons - Alias Summons (08/01/18) CCG 0001 B 

E-filing is now mandatory for documents in civil cases with limited exemptions. To e-file, you must first 

create an account with an e-filing service provider. Visit http://efile.illinoiscourts.gov/service-providers.htm, 

to learn more and to select a service provider. If you need additional help or have trouble e-filing, visit http:// 

wwwillinoiscourts.gov/FAQ/gethelp.asp,or talk with your local circuit clerk's office. 

5/27/2020 2:43 PM DOROTHY BROWN 

Atty. No.: 6286170 

Atty Name: Ethan A. Flint (Firm No. 61062) 

Atry. for: Plaintiff 

Address: P.O. Box 189 

City: Edwardsville 

State: IL Zip: 62025 

Telephone: 618-288-4777 

Witness: ~ 

DOROT ?~ .. Q~ , Clerk of Court 

0 AI'M 

Date of Service: 

(To be inserted by officer on copy left with 

Defendant or other person): 

Primary Email: servicc@flintlaw.com 

Dorothy Brown, Clerk of the Circuit Court of Cook County, Illinois 

cookcountyclerkofcourt. org 

Page 2 of 3 

Case: 1:20-cv-04367 Document #: 1-3 Filed: 07/24/20 Page 9 of 20 PageID #:26
CLERK OF THE CIRCUIT COURT OF COOK COUNTY OFFICE LOCATIONS 

O Richard J Daley Center O Domestic Relations Division 

50 W Washington Richard J Daley Center 

Chicago, IL 60602 50 tiy1 Washington, Rm 802 

O District 2- Skokie Chicago, IL 60602 

5600 Old Orchard Rd Hours: 8:30 am - 4:30 pm 

Skokie, IL 60077 O Civil Appeals 

O District 3- Rol]ing Meadows Richard J Daley Center 

2121 Euclid 50 W Washington, Rm 801 

RoIling yleadows, IL 60008 Chicago, IL 60602 

O District 4- Maywood 

Hours: 8:30 am - 4:30 pm 

1500 Maybrook Ave O Criminal Department 

Maywood, IL 60153 Richard J Daley Center 

50 W Washington, Rm 1006 

O District 5- Bridgeview Chicago, IL 60602 

10220 S 76th Ave Hours: 8:30 am - 4:30 pm 

Bridgeview, IL 60455 

O County Division 

O District 6- 1tilarkham Richard J Daley Center 

16501 S Kedzie Pkwy 50 W Washington, Rm 1202 

Markham, IL 60428 Chicago, IL 60602 

O Domestic Violence Court Hours: 8:30 am - 4:30 pm 

555 W Harrison 0 Probate Division 

Chicago, IL 60607 Richard J Daley Ceriter 

O Juvenile Center Building 50 W Washington, Rm 1202 

2245 W Ogden Ave, Rm 13 Chicago, IL 60602 

Chicago, IL 60602 Hours: 8:30 am - 430- pm 

O Criminal Court Building O Law Division 

2650 S California Ave, Rm 526 Richard j Daley Center 

Chicago, IL 60608 50 W Washington, Rm 801 

Chicago, IL 60602 

Daley Center Divisions/Departments Hours: 8:30 am - 4:30 pm 

O Civil Division O Traffic Division 

Richard J Da1ey Center Richard J Daley Center 

50 W Washington, Rm 601 50 W Washington, Lower Level 

Chicago, IL 60602 Chicago, IL 60602 

Hours: 8:30 am - 4:30 pm Hours: 8:30 am - 4:30 pm 

O Chancery Division 

Richard J Daley Center 

50 W Washington, Rm $02 

Chicago, IL 60602 

Hours: 8:30 am - 4:30 pm 

Dorothy Brown, Clerk of the Circuit Court of Cook County, Illinois 

co okcountyclerkofcourt. org 

Page 3 of 3 

Case: 1:20-cv-04367 Document #: 1-3 Filed: 07/24/20 Page 10 of 20 PageID #:27
IN TIIE CIRCUIT COURT 

COOK COUNTY, ILLINOIS 

PAMELA LONGOBARDI, Individually and as 

Special Administrator of the Estate of 

EUGENE LONGOBARDI, deceased, 

Plaintiff, 

BORG-WARNER CORPORATION, by its siiccessor-in-interest 

BORG-WARNER MORSE TEC, INC., et al., 

Defendant. 

FILED 

5/12/2020 12:14 PM 

DOROTHY BROWN 

CIRCUIT CLERK 

COOK COUNTY, IL 

2019L002580 

) 

) 

) No.19-L-002580 

) 

) 

)JURY TRIAL DEMANDED 

) ~ 

) WRONGFUL DEATH 

) 

) - 

) 

) 

ORDER 

GRANTING LEAVE TO FII.,E A THIRD Al°vIENUED COiWIPLAINT 

Cause coming to be heard on the Routine Motion of Flint Law Firm, LLC, for leave to 

file a Third Amended Complaint, and the Court having considered the Motion and being fully 

- advised in the premises, hereby orders as follows: 

PAMELA LONGOBARDI, Individually and as Special Administrator of the Estate of 

EUGENE LONGOBARDI, deceased, is hereby granted leave to file a Third Amended 

Complaint reflecting the addition of Defendant HONW EYELL INTERNATIONAL; INC., the in 

above-titled cause of action. 

Date: Enter: 

Judge Presiding 

A 

Pagc 1 of 1 

No. 2019L002580 

Case: 1:20-cv-04367 Document #: 1-3 Filed: 07/24/20 Page 11 of 20 PageID #:28
LN THE CIRCbTIT COUI2T 

COOK COUNTYY,.ILL-LNOIS 

PAMELA LONGOBARDI, Individually and as 

Special Administrator of the Estate of 

EUGENE LONGOBARDI, deceased, 

F1LED 

5/21 /2020 8:48 AM 

DOROTHY BROWN 

CIRCUIT CLERK 

COOK COUNTY, IL 

) 2019L002580 

) 

) No.19-L-00S-*70 

Plaintiff, 

JURY TRIAL DEMANDED 

-vs.- 

WRONGFUL DEATH 

BORG-WARNER CORPORATION, by its successor-in-interest 

BORG-WARNER MORSE TEC, INC., 

CBS CORPORATION, f/k/a VIACOM, INC., merge•r 

to CBS CORPORATION, f/k/a WESTINGHOUSE 

ELECTRIC CORP., 

CARLISLE INDUSTRIAL BRAKE & FRICTION, INC., f/k/a 

Motion Control Industries, Inc. as successor-in-interest 

to Carlisle Corporation; 

CUMMINS, INC., 

DCO, LLC, 

EATON CORPORATION f/k/a CUTLER-HAMMER, 

FEDERAL MOGUL ASBESTOS PERSONAL INJURY TRUST 

GENERAL ELECTRIC COMPANY, - 

I3®1oTEYWELL IiTTEItNATI®NAI,, INC., 

JOHN CRANE, INC., 

KELSEY-HAYES COMPANY, 

MACK TRUCKS, INC., 

MOTION CONTROL INDUSTRIES, INC., as successo-r-ininterest to CARLISLE CORPORATION, 

NAVISTAR, INC., f/k/a INTERNATIONAL TRUCK AND 

ENGINE CORPORATION, 

PACCAR, INC., a/k/a KENWORTH TRUCK COMPANY a/k/a 

PETERBILT MOTORS COMPANY, 

PNEUy10 ABEX CORPORATION, and 

UNION CARBIDE CORPORATION, 

Defendants. 

TPIIRD AMIEl'dDED COMPI,AINT 

C®TJNT I 

NEGLIGENCE COUNT AS TO MANUFACTURERS OF ASBESTOS PRODUCTS 

Page 1 of 9 

Case: 1:20-cv-04367 Document #: 1-3 Filed: 07/24/20 Page 12 of 20 PageID #:29
COMES NOW.the Plaintiff, PAi'v1ELA LONGOBARDI, Individually, and as Special 

Administrator of the Estate of EUGENE LONGOBARDI, deceased, by her attorneys, Flint Law 

Firm, LLC, and for her cause of action against the Defendants, states: 

1. Plaintiff, PAMELA LONGOBARDI currently resides in Hixson, Texas. The 

Plaintiff's Decedent, EUGENE LONGOBARDI, served in the U.S. Army as a truck driver and 

performed mechanical maintenance on tnicks from 1974 through 1981. Plaintiff was then 

employed with Columbus Mills from 1982 through 1988 located in Columbus, Georgia as an 

Information Technology Specialist. Plaintiff was then employed by Amoco Fabrics & Fibers in 

1989 located in Hazlehurst, Georgia assisting with machine operation and programming. Plaintiff 

was then employed by the Tennessee Valley Authority beginning in the 1990's at various locations 

in and around Nashville and Chattanooga, Tennessee in Technology Support. Plaintiff continues 

to work on a contractor basis for the Tennessee Valley Authority. 

-- 2. Plaintiff brings this action pursuant to 740 ILCS 180/1-2.2, 755 ILCS 5/27-6 and 

750 ILCS 65/15. 

3. During the course of the Decedent's service in the U.S. Army, the Decedent, 

EUGENE LONGOBARDI, was exposed to and inhaled asbestos fibers and/or asbestiform fibers 

emanating from certain products he was working with and around, which were manufactured, sold, 

distributed or installed by the Defendants: BORG-WARNER CORPORATION, by its successorin-inteYest BORG-WARNER MORSE TEC, INC., CBS CORPORATION, f/k/a VIACOM, INC., 

merger to CBS CORPORATION, f/k/a WESTINGHOUSE ELECTRIC CORP., CARLISLE 

INDUSTRIAL BRAKE & FRICTION, INC., fk/a Motion Control Industries, Inc., as successorin-interest to Carlisle Corporation, CUVIM 1PTS, INC., DCO, LLC, EATON CORPORATION f/k1a 

CUTLER-HAMMER, FEDERAL MOGUL ASBESTOS PERSONAL INJURY TRUST as 

successor. to FEL-PRO, GENERAL ELECTRIC COMPANY, JOHN CRANE, INC., 

Page 2 of 9 

Case: 1:20-cv-04367 Document #: 1-3 Filed: 07/24/20 Page 13 of 20 PageID #:30
HONEYWELL INTEIdNA'TIONAL, INC., KELSEY-HAYES COMPANY, MACK TRUCKS, 

INC., MOTION CONTROL INDUSTRIES, INC., as successor-in-interest to CARLISLE 

0 

IX] 

~ 

~ 0 CORPORATION; NAVISTAR, INC., f/k/a INTERNATIONAL TRUCK AND ENGINE 

~ - 

~ CORPORATION, PACCAR; INC., a/k/a KENWORTH TRUCK COMPANY a/k/a PETERBILT 

MOTORS COMPANY, PNEUMO ABEX CORPORATION and UNION CARBIDE 

CORPORATION. 

4. At all times herein set forth, the Defendants' products were being employed in the 

manner and for the purposes for which they were intended. 

5. The Decedent's exposure to and"inhalation of the asbestos fibers and/or asbestiform 

fibers emanating from the above-mentioned products were completely foreseeable and could or 

should have been anticipated by the Defendants. 

6. The Defendants knew or should have known that the asbestos fibers and/or 

asbestiform fibers contained in their products had a toxic, poisonous, and highly deleterious effect---

upon the health of persons inhaling them. 

7. That on or about March 12, 2018, the Plaintiff and Decedent first oecame aware 

that EUGENE LONGOBARDI had developed mesothelioma and at a later date learned that said 

disease was wrongfully caused. 

That on October 19, 2019, Plaintiff's Decedent died of inesothelioma. 

At all times herein relevant, the Defendants had a duty to exercise reasonable care 

and caution for the safety of the Decedent and.others working with and around the products of the 

Defendants containing asbestos. 

10. The Defendants failed to exercise ordinary care and caution for the safety of the 

Plaintiff in one or more of the following respects: 

(a) Included asbestos in their products, even though it was 

completely foreseeable and could or should have been anticipated 

Page 3 of 9 

Case: 1:20-cv-04367 Document #: 1-3 Filed: 07/24/20 Page 14 of 20 PageID #:31
that persons working with or around them would inhale asbestos 

fibers and/or asbestiform fibers; 

~ (b) Included asbestos in their products when the Defendants knew or 

o should have known that said asbestos fibers and/or asbestiform fibers 

J 

would have a toxic, 0 

N poisonous and highly deleterious effect upon the health of persons 

Q inhaling them; 

(c) Included asbestos in their products when adequate substitutes for 

the asbestos in them was available; 

(d) Failed to provide any or adequate warnings to persons worlcing 

with and around the products of the dangers of inhaling the asbestos 

fibers and/or asbestiform fibers contained in them; 

(e) Failed to provide any or adequate instructions concerning the 

safe methods of working with and around the products, including 

specific instnictions on how to avoid inhaling the asbestos fibers 

and/or asbestiform fibers in them; and 

(f) Failed to conduct tests on the asbestos containing products 

manufactured, sold, delivered or installed by the Defendants in order 

to-determine-the-hazards-to- -which-workers-might be-exposed-while— 

working with the products. 

(g) Designed, manufactured and sold equipment, vehicles, 

machinery, technologies and systems that included asbestoscontaining components and required and/or specified the use of 

asbestos-containing replacement components. 

(h) Designed respiratory protection systems, including masks and/or 

respirators, which failed to protect the Plaintiff from inhaling 

asbestos fibers and/or asbestiform fibers. 

11. That as a direct and.proximate result of one or more of the foregoing acts or 

omissions on the part of the Defendants mentioned above, the Decedent was exposed to and 

inhaled, ingested or otherwise absorbed asbestos fibers and/or asbestiform fibers causing Decedent 

to develop mesothelioma, which ultimately led to his death; the Decedent, prior to his death, was 

compelled to expend and become liable for large sums of monies for hospital, medical and other 

health care services necessary for the treatment of his asbestos-induced disease and conditions; the 

Decedznt, prior to his death, experienced great physical pain and mental anguish as a result of the 

Page 4 of 9 

Case: 1:20-cv-04367 Document #: 1-3 Filed: 07/24/20 Page 15 of 20 PageID #:32
inhalation, ingestion and absorption of said asbestos fibers and/or asbestiform fibers; that as a 

fnrther result of his asbestos-induced disease and conditions,_the Decedent was hindered and 

0 

q 

l•; 

J

prevented from pursuing his normal course of employment, thereby losinglarge sums of monies 

~ 

N which otherwise would have accrued to him and his estate; further, by reason of the death of the 

Decedent, his family has been deprived of his means of support and has lost the society of the 

Decedent; lastly, substantial sums of money were expended by the Decedent's estate for funeral 

and burial. 

WHEREFORE, Plaintiff prays judgment be entered against the Defendants for a sum in 

excess- of FIFTY THOUSAND ($50,000.00) DOLLARS which will fairly and reasonably 

compensate for the Plaintiffs injuries. 

COUNT II 

►~fi~~il~Vl7i.i1:\~f11Ti~~~ ►.

COMES NOW the Plaintiff, PAMELA LONGOBARDI, Individually, and as Special ---

Administrator of the Estate of EUGENE LONGOBARDI, by her attorneys, Flint Law Firm, LLC, 

and for her cause of action against the Defendants, states: 

1. - 9. Plaintiff repeats and realleges Paragraphs 1- 9 of Count I as and for Paragraphs 1- 

9 of this Count II. 

10. - Defendants are guilty of one or more of the following acts or omissions amotmting 

to willful and wanton misconduct: 

(a) Intentionally or with a reckless disregard for the safety of 

Decedent, included asbestos in their products, even though it was 

completely foreseeable and could or should have been anticipated 

that persons working with or around them would inhale asbestos 

fibers and/or asbestiform fibers; 

(b) Intentionally or with a reckless disregard for the safety of 

Decedent, included asbestos in their products when the Defendants 

knew or should have known that said asbestos fibers and/or 

asbestiform fibers would have a toxic, poisonous and highly 

Page 5 of 9 

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deleterious effect upon the health of persons inhaling them; 

(c) Intentionally or with a reckless disregard for the safety of 

Decedent, included asbestos in the products when adequate 

substitutes for the asbestos in them was available; 

(d) Intentionally or with a reckless disregard for the safety of the 

Decedent, failed to provide any or adequate warnings to persons 

working with and around the products of the dangers of inhaling the 

asbestos fibers and/or asbestiform fibers in them; 

(e) Intentionally or with a reckless disregard for the safety of the 

Decedent, failed to provide any or adequate instructions concerning 

the safe methods of working with and arotmd the products, including 

specific instnictions on how to avoid inhaling the asbestos fibers 

and/or asbestiform fibers in them; and 

(f) Intentionally or with a reckless disregard for the safety of the 

Decedent, failed to conduct tests on the asbestos containing products 

manufactured, sold or delivered by the Defendants in order to 

determine the hazards to which workers might be exposed while 

working with the products and/or conspired with others to conceal 

the results of such tests. 

-- (g) Intentionally or with a reckless disregard for the safety of the -- 

Decedent, designed, manufactured and sold equipment, vehicles, 

machinery, technologies and systems that included asbestoscontaining components and required and/or specified the use of 

asbestos-containing replacement components. 

11. Plaintiff repeats and realleges Paragraph 11 of Count I as and for Paragraph 11 of this 

Count Il. 

WHEREFORE, Plaintiff prays judgment be entered against the Defendants for a sum in 

excess of FIFTY THOUSAND ($50,000.00) DOLLARS which will fairly and reasonably 

compensate for the Plaintiff s injuries. 

COUNT III 

NEGLIGENT SPOLIATION OF EVIDENCE -. 

CO1tiTES NOW the Plaintiff, PAMELA LONGOBARDI, Individually, and as Special 

Administrator of the Estate of EUGENE LONGOBARDI, by her attorneys, Flint Law Firm, LLC, 

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and for her cause of action against the Defendants, states: 

1. Pfior to the commencement of this case, Defendants had in their respective 

possession, custody and control documents and information relating-to issues in this case. 

2. Upon information and belief, said issues include, but are not limited to: the 

identification of asbestos-containing products to which Decedent was exposed, the locations to, 

and at, which defendants sold, distributed and applied asbestos-containing products; the identity of 

the manufacturers and others in the distribution chain of said products; .and, defendants' 

knowledge, notice and information regarding the hazards of asbestos and whether or not they were 

negligent. 

3. It was foreseeable to a reasonable person/entity in the respective positions of 

Defendants, that said documents and information constituted evidence, which was material to 

potential civil litigation-namely, asbestos litigation. Said defendants had a duty to maintain and 

- -preserve said documents and information because they knew or should have known that said- - 

documents and information were material evidence in potential asbestos litigation. 

4. Plaintiff has sought, but been unable to obtain, full disclosure of relevant documents 

and information from Defendants, leading to the inference that Defendants destroyed and 

otherwise disposed of said documents and information. 

5. Said defendants and each of them breached their duty to preserve said material 

evidence by destroying and otherwise disposing of said documents,and information, at a time when 

they and each of them knew or should have known that the same constituted material evidence in _ 

potential civil litigation. 

6. As a direct and proximate result of said destruction and disposal of material 

evidence, Plaintiff has been prejudiced and impaired in proving claims against all potentially liabfe 

parties, including, but not limited to, said defendants and, as a further result thereof, has been 

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compelled to dismiss and/or unfavorably compromise said claims against other defendants. 

7. As a result of this prejudice and impairment, Plaintiff has been caused to suffer 

damages in the form of impaired ability to recover against Defendants and lost or reduced 

compensation from other potentially liable parties in this litigation. 

WHEREFORE, Plaintiff prays this Court to enter judgment against Defendants and to 

award compensatory damages in an amount to be proved at trial, but believed to exceed FIFTY 

THOUSAND ($50,000.00) DOLLARS and for such other and further relief that this Court deems 

appropriate. 

CK~11~ 

WILLFUL AND WANTON SPOLIATION OF EVIDENCE 

COViES NOW the Plaintiff, PAMELA LONGOBARDI, Individually, and as Special 

Administrator of the Estate of EUGENE LONGOBARDI, by her attorneys, Flint Law Firm, LLC, 

and for her cause of action against the Defendants, states: - - 

l.-5. Plaintiff herein incorporates by reference paragraphs 1-5 of Count III. 

6. In destroying and disposing of said material evidence, said defendants and each of 

them acted intentionally and/or in reckless disregard of their duty to preserve the same. 

7. As a direct and proximate result of said destruction and disposal of material 

evidence, Plaintiff has been prejudiced and impaired in proving claims against all potentially liable 

parties, including, but not limited to, said defendants and, as a fiirther result thereof, has been 

compelled to dismiss and/or unfavorably compromise said claims against other defendants. 

8. As a result of this prejudice and impairment, Plaintiff has been caused to suffer y 

damages in the form of impaired ability to recover against Defendants arid lost or reduced 

compensation from other potentially liable parties in this litigation. 

WHEREFORE, Plaintiff prays this Court to enter judgment against Defendants and to 

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award: corripensatory damages in an amount to be proved at trial, but believed to exceed $50,000 

and punitive damages in an amount sufficient to punish Defendants for their misconduct and to . 

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PLAINTIFF HEREBY DEMAie1DS A TItIAL BY ,IURY. 

Respectfully submitted, 

FLINT LAW FIRl~l , LLC 

By: /s/Ethczn A. Flint 

Ethan A. Flint, #6286170 

Laci M. Whitley, #6314263 

Tyler B. Wilke, #6314268 

222 East Park Street, Suite 500 

— - - -- -- --P.-O Box 1-89-- -- - ---- - 

Edwardsville, Illinois 62025 

(618).288-4777: telephone 

(618) 288-2864: facsimile 

ATT®Ri'dEYS F®R PI,AINTIFFS 

Cook Count-y Firm No. 61062 

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