WEST VIRGINIA RECORD

CHARLESTON -- A Pinesville woman is suing 60 companies she claims are responsible for her late husband's lung cancer and death.

On Sept. 11, 2009, Jimmy Dale Phillips was diagnosed with lung cancer, from which he died on Dec. 20, 2010, according to a complaint filed Jan. 12 in Kanawha Circuit Court.

Barbara Phillips claims the 60 defendants are responsible for the lung injury.

The defendants caused Jimmy Dale Phillips to be exposed to asbestos during his career as a carpenter and laborer from 1958 until 1993, according to the suit.

Barbara Phillips claims the defendants failed to warn her husband of the dangers of asbestos.

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.

Barbara Phillips is seeking a jury trial to resolve all issues involved. She is being represented by Victoria L. Antion, Scott A. McGee and Bronwyn I. Rinehart.

The case has been assigned to a visiting judge.

The 60 defendants named in the suit are 3M Company; A.O. Smith Company; A.W. Chesterton Company; B.P. Oil Company; Beazer East, Inc.; Bechtel Corporation; Borg-Warner Corporation; Catalytic Construction Company; Caterpillar, Inc.; Certainteed Corporation; Cleaver-Brooks, Inc.; Crane Co.; Crown Cork & Seal USA, Inc.; Dravo Corporation; Eaton Electrical, Inc.; Flowserve US, Inc.; FMC Corporation; Ford Motor Company; Foster Wheeler Energy Corporation; General Electric Company, Inc.; Genuine Parts Company; Georgia-Pacific, LLC; Goulds Pumps, Inc.; Grinnell, LLC; Honeywell International; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; ITT Corporation; Joy Technologies, Inc.; Lockheed Martin Corporation; McJunkin Corporation; Metropolitan Life Insurance Company; Mobil Corporation; Nagle Pumps, Inc.; National Services Inc.; Nitro Industrial Coverings, Inc.; Ohio Valley Insulating Company, Inc.; Owens-Illinois, Inc.; Pneumo Abex Corporation; Premiere Refractories, Inc.; Rapid American Corporation; Riley Power, Inc.; Rockwell Automations, Inc.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Schneider Electric USA, Inc.; Standard Oil Company, Inc.; Sterling Fluid Systems (USA), LLC; Tasco Insulations, Inc.; the Goodyear Tire & Rubber, Co.; the William Powell Company; UB West Virginia, Inc.; Uniroyal Holdings, Inc.; United Engineers & Constructors and Washington Group International; Viacom, Inc.; Viking Pump Company; Vimasco Corporation; Yarway Corporation; and Zurn Industries, Inc.

Kanawha Circuit Court case number: 12-C-89