Kenna woman sues 72 companies for husband's lung cancer, death

By Kyla Asbury | Nov 18, 2010

CHARLESTON -- A Kenna woman is suing 72 companies after she claims they are responsible for her late husband's lung cancer and death.

Dwain L. Chenoweth was diagnosed with lung cancer on April 13 and died July 18, according to a complaint filed Oct. 25 in Kanawha Circuit Court.

Josephine Chenoweth claims the 72 defendants caused her late husband's lung cancer and death by exposing him to asbestos and asbestos fibers during his career at Union Carbide Corporation from 1959 until 1999.

Dwain L. Chenoweth smoked one-half to one pack of cigarettes per day from 1856 until 1983, but then quit, according to the suit.

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

Josephine Chenoweth is seeking a jury trial to resolve all issues involved. She is being represented by Victoria Antion and Carrie L. Newton.

The case has been assigned to a visiting judge.

The 72 defendants named int he suit are 3M Company; A.W. Chesterton Company; Aurora Pump Company; Buffalo Pumps, Inc.; BW IP, Inc.; Certaintecd Corporation; Cleaver-Brooks Company, Inc.; Crane Company; Crown, Cork & Seal USA, Inc.; Dezurik, Inc.; Dow Chemical Company; Eaton Electrical, Inc., as Successor in interest to Cutler-Hammer, Inc.; Elliott Company; Erie City Iron Works; Fisher Controls International, LLC; Flowserve US Inc., a/k/a Nordstrom Valves; Flowserve US, Inc. f/k/a Durco International, Inc.; Flowserve US, Inc. f/k/a Flowserve FSD Corporalion; FMC Corporation; Foster Wheeler Energy Corporation; General Electric Company, Inc.; Gordon Gasket & Packing Co.; Goulds Pumps, Inc.; Greene Tweed & Company; Grinnell, LLC; Henry Vogt Machine Company; Hercules, Inc.; Honeywell International, f/k/a Allied Signal, Inc.; Honeywell International, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; Invensys Systems, Inc.; ITT Corporation d/b/a Bell & Gossett Pumps and d/b/a Kennedy Valves; ITT Corporation d/b/a Hammel Dahl Valves; Lockheed Martin Corporation; McJunkin Corporation; McNally Industries; Met Pro Corporation; Metropolitan Life Insurance Company; Milwaukee Valve Company, Inc.; Nagle Pumps; Nitro Industrial Coverings, Inc.; Ohio Valley Insulating Company, Inc.; Owens-Illinois, Inc.; Rapid American Corporation; Riley Power, Inc.; Rockwell Automations, Inc.; Roper Pump Company; Rust Constructors, Inc.; Schneider Electric USA, Inc.; State Electric Supply Company; Sterling Fluid Systems (USA), LLC; Stockham Valves & Fittings; Sundyne Corporation; Tasco Insulations, Inc.; the William Powell Company; Tyco Flow Control Company, LLC, a/k/a Crosby Valve, Inc.; Tyco Flow Control Company, LLC, a/k/a Kunkle Valves; Tyco Plow Control Company, LLC, a/k/a Lunkenheimcr Valves; UB West Virginia, Inc.; Union Carbide Chemical & Plastics Company; Uniroyal, Inc.; United Engineers & Constructors, Inc.; URS Energy & Construction, Inc.; Viacom, Inc.; Viking Pump Company; Vimasco Corporation; Waukesha Cherry-Burrell; West Virginia Electric Supply Company; Yarway Corporation; and Zurn Industries, Inc.

Kanawha Circuit Court case number: 10-C-1915

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