Simpkins v. CSX Corporation

Plaintiff's decedent died of mesothelioma cancer; complaint in negligence, wanton and willful conduct, and strict liability alleged that decedent's death was due to exposure to asbestos brought home by husband on his body and clothing. At issue in negligence claim is whether Defendant employer could reasonably have foreseen that its actions would cause this injury, but complaint was conclusory as to foreseeability. Remanded to circuit court, to allow Plaintiff to file amended complaint. Had Defendant timely challenged sufficiency of allegations at circuit court level, Plaintiff could have sought leave to replead. (KILBRIDE, KARMEIER, and THEIS, concurring; FREEMAN and BURKE, dissenting.)