CHARLESTON – A Signal Mountain, Tenn., spouse is suing 76 companies for a mesothelioma diagnosis and death.
On April 28, John Elmer Simons was diagnosed with mesothelioma, from which he died on June 27, according to a complaint filed Aug. 30 in Kanawha Circuit Court.
Willie H. Simons claims John Simons was exposed to asbestos during his employment as an electrician from 1953 until 1992.
John Simons smoked one pack of cigarettes per day from 1947 until 1974, but then quit, according to the suit.
Willie Simons claims certain defendants are also being sued as premises owners and as John Simons’ employers for deliberate intent/intentional tort.
The defendants are being sued based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentations and post-sale duty to warn, according to the suit.
Willie Simons is seeking a jury trial to resolve all issues involved. Willie Simons is being represented by Victoria Antion, Scott A. McGee and Jimmy F. Rodgers Jr.
The case has been assigned to a visiting judge.
The 76 defendants named in the suit are A.W. Chesterton Company; Air & Liquid Systems Corporation; American Producers Supply WV, LLC; Armstrong International, Inc.; Aurora Pump Company; Bayer Cropscience LP; Bechtel Corporation; BW IP, Inc.; Catalytic Construction Company; Caterpillar, Inc.; Certainteed Corporation; Cleaver-Brooks Company, Inc.; Copes-Vulcan, Inc.; Crane Co.; Dravo Corporation; E.I. Dupont De Nemours & Co.; Eaton Electrical, Inc.; Flowserve US, Inc. f/k/a Durco International, Inc.; Flowserve US, Inc. f/k/a Flowserve FSD Corporation; Fluor Enterprises, Inc.; Fluor Enterprises, Inc., as successor-in-interest to Fluor Daniel; FMC Corporation; Foster Wheeler Energy Corporation; Gardner Denver, Inc.; General Electric Company; Goulds Pumps, Inc.; Grinnell Corporation; Hercules, Inc.; Howden Buffalo, Inc.; I.U. North America, Inc.; IMO Industries, Inc.; Inductotherm Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; ITT Corporation; Joy Technologies, Inc.; Lockheed Martin Corporation; McJunkin Corporation; Metropolitan Life Insurance Company; Nitro Industrial Coverings, Inc.; Ohio Valley Insulating Company, Inc.; Owens-Illinois, Inc.; P&H Mining Equipment, Inc.; Pettibone/Traverse Left, LLC; Premier Refractories, Inc.; Rapid American Corporation; Reading Crane and Engineering Company; Riley Power Inc.; Rockwell Automation, Inc.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Schneider Electric USA, Inc.; Seco/Warwick Corporation; Spirax Sarco, Inc.; State Electric Supply Company; Sterling Fluid Systems, LLC; Sunbeam Corporation; Surface Combustion, Inc.; Swindell Dressler International Company; Tasco Insulations, Inc.; the Alliance Machine Company; the Chapman Valve Manufacturing Company; the Gage Company; the Nash Engineering Company; the William Powell Company; Trane U.S. Inc.; UB West Virginia, Inc.; Uniroyal, Inc.; United Engineers & Constructors and Washington Group International; Viacom, Inc.; Viking Pump, Inc.; Vimasco Corporation; Warren Pumps; West Virginia Electric Supply; Yarway Corporation; and Zurn Industries, Inc.
Kanawha Circuit Court case number: 12-C-1756