Kyla Asbury Jan. 24, 2013, 5:16am
CHARLESTON – A Dunbar couple are suing 134 companies they claim are responsible for a diagnosis of asbestosis and mesothelioma.
John E. Huxley was diagnosed with asbestosis and mesothelioma due to exposure to asbestos while employed at various job sites and locations throughout West Virginia and while his mother was employed at E.I. Du Point De Nemours & Company, according to a complaint filed Jan. 16 in Kanawha Circuit Court.
Huxley and his wife, Lucille A. Huxley, claim the defendants failed to warn him of the dangers of asbestos and failed to take reasonable precautions to warn him of the dangers.
The defendants failed to place any warnings on the asbestos-containing products to warn handlers of the dangers of the products and failed to warn of the dangers of other ingredients in their products, including silica, according to the suit.
The Huxleys claim the defendants were negligent and caused John Huxley to suffer his lung injuries, shock and other nervous or emotional disorders.
The defendants’ actions of the conspiracy kept the Huxleys and others ignorant of the dangers of asbestos and other products and in this way, the conspirators aided efforts to sell products containing asbestos, according to the suit.
The Huxleys are seeking a jury trial to resolve all issues involved. They are being represented by David P. Chervenick, Bruce E. Mattock, Scott S. Segal and Stephen Hoyer.
The case has been assigned to a visiting judge.
Kanawha Circuit Court case number: 13-C-75