West Virginia Record

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Nitro couple names 47 defendants in asbestos lawsuit

By Kyla Asbury | Jun 21, 2010

CHARLESTON -- A Nitro couple named 47 defendants in an asbestos-related law suit.

Charles Judson Johnson was employed by FMC Corporation from 1972 until 1980 and by DuPont in 1980, according to a complaint filed May 17 in Kanawha Circuit Court.

On May 14, 2009, Johnson was diagnosed with lung cancer, according to the suit.

Johnson claims he smoked one to two packs of cigarettes per day from 1965 until 1969, but then quit.

The defendants are being sued for negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn, according to the suit.

Johnson and his wife, Sharon Marie Johnson, are seeking a jury trial to resolve all issues involved in the case. They are being represented by Victoria Antion and James A. McKowen.

The case has been assigned to a visiting judge.

The 47 defendants involved are 3M Company; A.W. Chesterton Company; Aurora Pump Company; Brand Insulations, Inc.; BW IP, Inc.; Certainteed Corporation; Cleaver-Brooks Company, Inc.; Crane Co.; E. I. DuPont de Nemours; Elliott Turbo Machinery Company; Flowserve FSD Corporation; Flowserve US, Inc., f/k/a Durco International, Inc.; FMC Corporation; Foster Wheeler Energy Corporation; Garlock, Inc.; General Electric Company; Goulds Pumps; Honeywell International, Inc.; IMO Industries, Inc.; ITT Corporation; Industrial Holdings Corporation; Ingersoll-Rand Company; McJunkin Corporation; Metropolitan Life Insurance Company; Nagle Pumps, Inc.; National Service Industries, Inc.; Nebraska Boiler; Nitro Industrial Coverings, Inc.; Oakfabco, Inc.; Ohio Valley Insulating Company, Inc.; Pneumo Abex Corporation; Rapid American Corporation; Riley Power, Inc.; Roper Pump Company; Rust Engineering & Construction, Inc.; Rust Constructors, Inc.; Schneider Electric USA, Inc.; State Electric Supply Company; Sterling Fluid Systems (US), LLC; Superior Boiler Works, Inc.; Tasco Insulations, Inc.; UB West Virginia, Inc.; Uniroyal, Inc.; Viacom, Inc.; Vimasco Corporation; and West Virginia State Electric Supply.

Kanawha Circuit Court case number: 10-C-890

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