Fla. couple suing 70 in Kanawha court
Kyla Asbury Jan. 24, 2013, 5:16am
CHARLESTON – A Safety Harbor, Fla., couple are suing 70 companies they claim are responsible for a mesothelioma diagnosis.
Norman T. Dial was diagnosed with mesothelioma on Oct. 8, according to a complaint filed Jan. 17 in Kanawha Circuit Court.
Dial and his wife, Marcia C. Dial, claim the defendants exposed him to asbestos during his employment as a store assistant, laborer, deck hand and operator from 1954 until 1999.
From 1949 until 1974, Norman Dial smoked approximately one pack of cigarettes per day, but then quit, according to the suit.
The plaintiffs claim the defendants exposed Norman Dial to asbestos and/or asbestos-containing fibers during his career and failed to warn him about the dangers.
The defendants are being sued based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn, according to the suit.
The Dials are seeking a jury trial to resolve all issues involved. They are being represented by Bronwyn I. Rinehart.
The case has been assigned to a visiting judge.
Kanawha Circuit Court case number: 13-C-81