Four asbestos suits filed in Kanawha County

By Cara Bailey | Mar 21, 2007

CHARLESTON - Several asbestos lawsuits recently were filed in Kanawha Circuit Court.

Attorney William K. Schwartz filed two suits March 8 on behalf of Charles Kinder and Orpha McGraner, executrix of the estate of William McGraner.

Kinder names 59 corporations in his suit, including Ohio Valley Insulating Company, Union Boiler Company and Vimasco Corporation, which are West Virginia companies. The complaint says Kinder worked on several industrial sites through Pipefitters Local 521, where he was exposed to various types of asbestos.

He worked on the sites from 1953 to 1992, and he now has lung cancer, which the suit says was caused by exposure to asbestos fibers. The cancer is untreatable and incurable.

He claims the owners of the properties he worked on failed to provide proper equipment and clothing to guard against the asbestos.

He seeks compensatory and punitive damages.

Orpha McGraner filed a suit that names 15 companies as defendants. She filed on behalf of her husband, who died March 18, 2006, from lung cancer. William McGraner was an electrician for 41 years, and was directly exposed to insulating and building materials that contained asbestos.

The suit claims that in addition to lung cancer, he had other pulmonary pathologies, which each had a severe effect on his body.

In the suit, Orpha McGraner claims her husband's injuries and death were caused by negligence on the side of the corporations and she seeks compensatory damages, including enough to cover her husband's funeral expenses.

Pittsburgh attorney David Chervenick filed a suit March 15 on behalf of Calvin Burge. The suit names 67 defendants, including 16 West Virginia companies.

Burge, of Sutton, W.Va., worked as a foundry and steel mill laborer, as well as a laborer and equipment operator in coal mines. He has a lung injury, asbestosis and mesothelioma. His suit says his exposure occurred at various places located in the state of West Virginia, as well as exposures elsewhere.

As a result of the companies' negligence, Burge suffers from severe and disabling diseases of the body, shock and other diseases and injuries, all of which are, or may be, permanent in nature, the suit says.

Burge seeks an amount that will adequately compensate him for the damages he has suffered, as well as interest and court costs.

Charleston attorney John Skaggs filed a suit March 16 on behalf of Robert Cogar, a West Virginia resident.

Cogar suffers from severe injuries to his lungs, respiratory and cardiovascular systems, including cancer, caused by exposure to asbestos. His suit says that during his employment, he was required to handle asbestos products supplied by the 14 corporations he names in his suit.

He removed asbestos insulation from piping and other structures and was frequently exposed to asbestos dust while working with the products.

His spouse has also suffered the loss of general services, companionship and society of her husband since he became ill.

They seek punitive and compensatory damages against each defendant.

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