CHARLESTON — A South Shore, Ky., couple is suing 71 companies they claim are responsible for an esophageal cancer diagnosis.
On Aug. 23, 2011, James D. Holbrook was diagnosed with esophageal cancer, according to a complaint filed Aug. 21 in Kanawha Circuit Court.
Holbrook and his wife, Guyneth Marie Holbrook, claim the 71 defendants are responsible for the cancer because he was exposed to asbestos during his employment as a laborer and worker from 1956 until 1987.
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.
The Holbrooks claim James Holbrook smoked one-half to one pack of cigarettes per day from 1947 until 1972, but has since quit.
Certain defendants are also being sued as premises owners and as James Holbrook’s employers for deliberate intent/intentional tort, according to the suit.
The Holbrooks are seeking a jury trial to resolve all issues involved. They are being represented by Bronwyn I. Rinehart.
The case has been assignd to a visiting judge.
The 71 companies named as defendants in the suit are A.K. Steel Corporation; 3M Company; Ajax Magnathermic Corp.; Amdura Corporation; A.W. Chesterton Company; Beazer East, Inc.; Bechtel Corporation; Brand Insulations, Inc.; Bucyrus International, Inc.; BW IP, Inc.; CBS Corporation; Catalytic Construction Company; Caterpiller, Inc.; Certainteed Corporation; Cleaver-Brooks Company, Inc.; Columbus McKinnon Corporation; Copes-Vulcan, Inc.; Crane Company; Crown, Cork & Seal USA, Inc.; Cyclops Corporation; Detroit Steel, Inc.; Dravo Corporation; Eaton Corporation; Flowserve Corporation f/k/a the Duriron Company, Inc.; Flowserve Corporation as Successor-In-Interest to Durametallic Corporation; Foseco, Inc.; Foster Wheeler Energy Corporation; General Electric Company; General Refractories Company; Georgia-Pacific LLC; Geo. V. Hamilton, Inc.; Goulds Pumps, Inc.; Grinnell, LLC; Hercules, Inc.; Honeywell International f/k/a Allied Signal, Inc.; Honeywell International, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; Insul Company, Inc.; ITT Corporation; J.H. France Refractories Company; Lockheed Martin Corporation; McJunkin Corporation; Metropolitan Life Insurance Company; Morgan Engineering, Inc.; Nitro Industrial Coverings, Inc.; Oakfabco, Inc.; Oglebay Norton Company; Ohio Valley Insulating Company, Inc.; Owens-Illinois, Inc.; Pneumo Abex, LLC; Premiere Refractories, Inc.; Rapid American Corporation; Riley Power Inc.; Rockwell Automation, Inc.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Rust International, Inc.; Schneider Electric; State Electric Supply Company; Swindell Dressler International Corporation; Tasco Insulations, Inc.; Thiem Corp.; UB West Virginia, Inc.; Union Carbide Chemical and Plastics Company, Inc.; Uniroyal, Inc.; United Engineers & Constructors and Washington Group International; Vimasco Corporation; West Virginia Electric Supply Company; and Yarway Corporation.
Kanawha Circuit Court case number: 12-C-1680