CHARLESTON - A Fayetteville man has filed an asbestos lawsuit against 38 companies, claiming he developed mesothelioma after being exposed to the dangerous asbestos fibers.
Houston Wendell and his wife, Patricia Wendell, filed the lawsuit Jan. 28 in Kanawha Circuit Court. Houston Wendell was employed by DuPont, located in Belle, W.Va., from 1941 to 1980.
According to the suit, Wendell was unaware that he was being exposed to asbestos fibers, which caused him to develop mesothelioma. Wendell claims his illness is progressive and essentially untreatable and incurable.
He also claims he is suffering from pneumoconiosis caused by the inhalation of products containing asbestos, other severe and disabling diseases of the body, shock and other attendant nervous or emotional disorders.
Wendell claims the companies are at fault because they failed to warn him of the dangers associated with the asbestos found in the workplace. According to the suit, the defendants should have known of the dangers of asbestos and should have warned their employees.
Patricia Wendell claims she has lost the consortium, companionship, society and services of her husband.
The Wendells claim they have suffered and will continue to suffer serious bodily injury, great pain and suffering and mental anguish, medical expenses, lost earnings and other damages.
In the 11-count suit, Houston and Patricia Wendell seek compensatory and punitive damages.
Attorney William K. Schwartz is representing the Wendells. The case will be assigned to a visiting judge.
Kanawha Circuit Court case number 08-C-188