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IN THE CIRCUIT COURT

COOK COUNTY, ILLINOIS

PAMELA LONGOBARDI, Individually and as ) 

Special Administrator of the Estate of ) 

EUGENE LONGOBARDI, deceased, ) No. 19-L-002580 

) 

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., merger ) 

 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 ) 

 as successor to FEL-PRO, ) 

GENERAL ELECTRIC COMPANY, ) 

HONEYWELL INTERNATIONAL, INC., ) 

JOHN CRANE, INC., ) 

KELSEY-HAYES COMPANY, ) 

MACK TRUCKS, INC., ) 

MOTION CONTROL INDUSTRIES, INC., as successor-in- ) 

 interest 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, ) 

PNEUMO ABEX CORPORATION, and ) 

UNION CARBIDE CORPORATION, ) 

) 

Defendants. ) 

) 

THIRD AMENDED COMPLAINT

COUNT I

NEGLIGENCE COUNT AS TO MANUFACTURERS OF ASBESTOS PRODUCTS

FILED

5/21/2020 8:48 AM

DOROTHY BROWN

CIRCUIT CLERK

COOK COUNTY, IL

2019L002580

9298070

65649803

May 21 2020 

09:12AM

EXHIBIT 1

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COMES NOW the Plaintiff, PAMELA 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 trucks 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-interest 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., f/k/a Motion Control Industries, Inc., as successorin-interest to Carlisle Corporation, CUMMINS, INC., DCO, LLC, EATON CORPORATION f/k/a

CUTLER-HAMMER, FEDERAL MOGUL ASBESTOS PERSONAL INJURY TRUST as 

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

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HONEYWELL INTERNATIONAL, INC., KELSEY-HAYES COMPANY, MACK TRUCKS, 

INC., MOTION CONTROL INDUSTRIES, INC., as successor-in-interest 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, 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 became aware 

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

disease was wrongfully caused. 

8. That on October 19, 2019, Plaintiff’s Decedent died of mesothelioma. 

9. 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 

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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 

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

would have a toxic, 

poisonous and highly deleterious effect upon the health of persons 

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 working 

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 instructions 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 

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

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inhalation, ingestion and absorption of said asbestos fibers and/or asbestiform fibers; that as a 

further result of his asbestos-induced disease and conditions, the Decedent was hindered and 

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

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 Plaintiff's injuries. 

COUNT II

WILLFUL AND WANTON

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 amounting 

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 

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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 around the products, including 

specific instructions 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 II. 

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

COMES 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. Prior 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 liable 

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. 

COUNT IV 

WILLFUL AND WANTON SPOLIATION OF EVIDENCE

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.-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 further 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 

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 

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award: compensatory 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 

deter similarly situated parties from committing like acts of misconduct in the future; and for such 

other and further relief that this Court deems appropriate. 

PLAINTIFF HEREBY DEMANDS A TRIAL BY JURY.

Respectfully submitted,

FLINT LAW FIRM, LLC

 By: /s/ Ethan A. Flint 

 Ethan A. Flint, #6286170 

 Laci M. Whitley, #6314263 

 Tyler B. Wilke, #6314268 

222 East Park Street, Suite 500 

P.O. Box 189 

Edwardsville, Illinois 62025 

(618) 288-4777: telephone 

(618) 288-2864: facsimile

ATTORNEYS FOR PLAINTIFFS

Cook County Firm No. 61062 

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