On February 28th, 2025, Bloomberg Law News reported that a federal court will allow a civil wrongful death lawsuit against a tire manufacturer to proceed. A woman filed a wrongful death lawsuit after her husband died due to alleged toxic exposure at a Goodrich facility. However, the death occurred decades after the exposure. The United States Court of Appeals for the Seventh Circuit determined that a claim under the Illinois Workers’ Occupational Diseases Act is time-barred. However, a civil wrongful death lawsuit can proceed. The case is Candice Martin v. Goodrich Corporation. Within this article, our Chicago wrongful death attorney provides a more comprehensive explanation of the case.
Case Review: Candice Martin v Goodrich Corporation
Background
An Illinois man named Rodney Martin worked for B.F. Goodrich Company in the 1960s and 1970s. During that time, he was reportedly exposed to a dangerous chemical called vinyl chloride monomer. It is a known human carcinogen. Decades later, Mr. Martin was diagnosed with angiosarcoma of the liver. That is a rare type of cancer that has been linked to exposure to vinyl chloride monomer. Sadly, he passed away eight months after his diagnosis.
His widow, Candace Martin, filed a wrongful death lawsuit against Goodrich and its successor companies. Among other things, she argues that the company (and its successor’s) should be held responsible for Rodney’s exposure to the dangerous substance and his eventual death. For its part, the defendant countered that the claim should be dismissed.
Key Point (2019 Legal Reform): Illinois law changed in 2019 in a way that has big implications for this case. The state Senate Bill 1596—a reform package that amended both the Workers’ Compensation Act and the Workers’ Occupational Diseases Act in order to address limitations faced by employees suffering from latent occupational diseases. Specifically, the amendment added a new provision (Section 1.1) to both Acts. It stipulated that the exclusivity provisions for work injuries do not apply to injuries or deaths resulting from occupational diseases where compensation benefits are barred due to any period of repose. The change allows employees, their heirs, or anyone with legal standing to pursue civil action against employers.
Legal Issues
This is a complicated wrongful death claim. As noted, the widow of an Illinois man is seeking to hold a manufacturer (his former employer) liable for a cancer death caused by toxic exposure that occurred in the 1960’s and 1970’s. To do so, the widow is relying, in part, on a 2019 reform to Illinois state law. Here are some key legal questions that were at stake before the appellate court:
- Does a new section of the law function as a statute of response and does the amendment allow the widow’s lawsuit to move forward even though her husband’s workplace exposure happened many years ago?
- If the law does allow her lawsuit to proceed, is the law unconstitutional? Does that violate the defendant’s right to due process?
Before the 2019 amendment, workers who developed occupational diseases with long latency periods—those being illnesses, like cancer—that appeared many years after exposure—were often barred from receiving compensation. The 2019 amendment created an exception. The defendant in this case (Goodrich) argues that, among other things, the change in the law should not apply to past workplace exposures that occurred well before the amendment was passed.
Appellate Court Decision
Upon review, the Seventh Circuit Court of Appeals ruled largely in favor of the widow. It determined that her lawsuit can proceed. First, the federal appellate court ruled that Mrs. Martin’s claim was indeed blocked under the previous version of the law as there was an effective statute of repose in place. However, the appellate court determined that the 2019 amendment applies to this case. As such, the court ruled that the change in the law allows lawsuits for workers who were previously blocked from bringing claims due to time limits. The court clarified that the law applies to workers who were diagnosed after 2019—even if their workplace exposure happened many years earlier. The time of diagnosis is the relevant point for the amendment, not the time of exposure.
Further, the appellate court also ruled that the due process defense does not apply. It found Goodrich’s argument that allowing Mrs. Martin’s wrongful death lawsuit to be unfair and unconvincing. The court explained that the amendment did not take away any vested legal rights from the company. Instead, the law simply created an exception that allowed workers and their families to pursue lawsuits in cases where they were previously blocked from doing so.
The Wrongful Death Case Will Move Forward
Based on the Illinois Supreme Court’s answers, the appeals court affirmed the lower court’s decision to deny Goodrich’s request to dismiss the case. The wrongful death lawsuit can continue through the court system. The case will now return to the district court for a hearing on the merits.
Why Trust Kennedy Watkins for a Wrongful Death Claim in Chicago
Wrongful death claims are complex. They can be emotionally, legally, and logistically challenging for grieving families. Strong and experienced legal representation can make the difference. At Kennedy Watkins LLC, our Chicago attorneys are proud to fight for justice for the people and families who need help the most. Big companies must be held accountable, including for poor safety practices that expose workers to serious hazards. With a proven history of verdicts and settlements, our Chicago wrongful death attorneys are standing by, ready to advocate for your rights.
Contact Our Chicago, IL Wrongful Death Lawyer for a Free Case Review
At Kennedy Watkins LLC, our Chicago wrongful death attorneys are compassionate advocates for families. If your family member passed away due to the negligence of a manufacturer, we are here as a legal resource. Call us now or get in touch with us online for your free, completely confidential case review. With a law office in Chicago, we represent grieving families in wrongful death claims throughout the surrounding region in Illinois.