CHARLESTON - A woman representing the Estate of John Diehl has listed 136 defendants in a wrongful death lawsuit, while a New Cumberland man suffering from lung cancer and asbestosis has listed 96 in his lawsuit.
Michelle Nolan, of Bridgeport, Ohio and the Personal Representative of the Estate of John Diehl, states in lawsuit filed Feb. 23 in Kanawha Circuit Court that Diehl's death from mesothelioma on Feb. 24, 2004, was caused by the negligence of the defendants.
Most notable in the list of defendants is Mansuetto Roofing Company, where Diehl worked.
"Injuries and damages suffered by John Diehl were caused by and were the direct and proximate results of the deliberate intent of Mansuetto Roofing Company," the complaint states.
Nolan, who is represented by Scott Segal, adds that the company had actual knowledge that the inhalation of airborne asbestos fibers could cause injury or death.
She charges the defendants with the wrongful death of Diehl, as well as several other counts.
Nolan claims that Diehl suffered prior to his death: "Severe physical pain, mental anguish, worry, loss of enjoyment of life, loss of income and medical expenses."
A visiting judge will be assigned the case. Nolan is suing for compensatory damages.
"The Plaintiff's condition is a direct and proximate result of the negligence of the Defendants, jointly and severally, in that they produced, supplied, and/or sold, and/or used, and/or specified, and/or delivered products containing asbestos and other dangerous ingredients," the complaint sates.
Edison Thomas Chaffin Jr. filed his lawsuit March 1 in Kanawha Circuit Court. He worked as a laborer at Weirton Steel and currently has lung cancer and asbestosis, a scarring of the lungs that causes breathing problems and heart failure.
Chaffin, 55, is represented by Pittsburgh David P. Chervenick.
Kanawha Circuit Court case numbers: 06-C-360 (Diehl) and 06-C-404 (Chaffin)