Berry v. American Standard, Inc.

On January 2, 2004, Howard and Linnie Kathryn Berry filed in the circuit court of Crawford County a complaint against 47 defendants, seeking damages resulting from Howard Berry’s exposure to asbestos on various jobsites. Howard Berry had been diagnosed with terminal mesothelioma on September 23, 2003, with a life expectancy of between 8 and 18 months.

On January 21, 2004, the plaintiffs’ counsel served upon the defendants a notice that Howard’s evidence deposition would be taken on February 25, 2004. The defendants objected and requested that a discovery deposition take place first.…