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Thursday, April 25, 2024

Scott Depot couple names 28 defendants in asbestos suit

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CHARLESTON -- A Scott Depot couple is suing 28 companies they claim are responsible for a lung cancer diagnosis.

Allen Johnson claims he was exposed to large quantities of asbestos-containing products during his career and was diagnosed with lung cancer and other asbestos-related diseases, in a lawsuit filed Nov. 16 in Kanawha Circuit Court.

Johnson and his wife, Janet Canterbury Johnson, claim the defendants required Allen Johnson to handle products containing asbestos and exposed him to other asbestos products present in the workplace.

The defendants failed to timely and adequately warn Allen Johnson of the dangers of asbestos and failed to provide him with information as to what would be reasonably safe and sufficient wearing apparel and proper protective equipment and appliances, according to the suit.

The Johnsons claim the 28 defendants failed to take reasonable precautions or exercise reasonable care to publish, adopt and enforce a safety plan and/or safe method of handling and installing asbestos and/or asbestos-containing products.

The defendants’ actions were negligent and in flagrant disregard for the rights of others and with an awareness on their part that their conduct would result in human deaths and/or great bodily harm, according to the suit.

The Johnsons are seeking compensatory and punitive damages with pre- and post-judgment interest. They are being represented by James M. Barber.

The case has been assigned to a visiting judge.

The 28 companies named as defendants in the suit are 3M Corporation; A.O. Smith; Black & Decker (U.S.) Inc.; Blue Bird Corporation; Blue Bird Motor Company; Borg Warner Morse Tec, Inc.; CBS Corp.; Certainteed Corporation; Eaton Electrical, Inc.; Ford Motor Company; Genuine Auto Parts; Georgia-Pacific Corporation; Honeywell International, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; Kelsey-Hayes Company; Maremont Corporation; Metropolitan Life Insurance Company; Ohio Valley Insulating Company, Inc.; Pneumo-Abex Corporation; Rockwell Automations, Inc.; Schneider Electric USA, Inc.; State Electric Supply Company; Thomas Built Buses, Inc.; UB West Virginia, Inc.; Union Carbide Chemical & Plastics Company; Vimasco Corporation; and West Virginia Electric Supply Company.

Case number: 12-C-2305

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