Putnam man claims he developed mesothelioma from father's clothes, his own job

CHARLESTON - A Putnam County man has filed an asbestos suit against 53 companies, claiming he developed mesothelioma after being exposed to the deadly fibers brought home on his father's work clothes, and also on his own jobsite.

John L. Toney III filed the suit Aug. 29 in Kanawha Circuit Court against 53 companies, including Union Carbide Corporation, where he and his father both were employed.

According to the suit, Toney's father was employed by Union Carbide from 1951 to 1992. During that time, Toney claims he was exposed to asbestos from the dust and clothes his father wore to work.

Toney himself became employed by Union Carbide in 1986 and worked until 2008. During that time, he claims he was unaware of the dangers from exposure to asbestos and was unaware that he had medical conditions related to his asbestos exposure.

According to the suit, Toney developed mesothelioma from the exposure to asbestos fibers.

Toney claims his injuries and diseases were caused by the actions of the defendants. He has suffered in the past and will continue to suffer, as well as incur medical expenses, the suit says.

Toney's wife, Luann Toney, is also named as a plaintiff in the suit. She claims she has been required to provide nursing services beyond that regularly expected of a spouse.

In the 12-count suit, John and Luann Toney seek compensatory and punitive damages.

Attorney William K. Schwartz is representing Toney. The case will be assigned to a visiting judge.

Kanawha Circuit Court case number 08-C-1666