CHARLESTON – A North Carolina woman is suing 58 companies after she claims they are responsible for her grandfather's lung cancer and death.
Charles Edward Hill was diagnosed with lung cancer on Dec. 23, 2009, and died Jan. 9, 2010, according to a complaint filed Jan. 12 in Kanawha Circuit Court.
Jessica Nicole Cummings of Carthage, N.C., claims her grandfather was exposed to asbestos during his employment at FMC Corporation from 1943 until 1985.
The defendants are being sued upon theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn, according to the suit.
Cummings is seeking a jury trial to resolve all issues involved. She is being represented by Victoria Antion and Bronwyn I. Rinehart.
The case has been assigned to a visiting judge.
The 58 defendants named in the suit are A.W. Chesterton Company; Aurora Pump Company; Brand Insulations, Inc.; BW IP, Inc.; Caterpillar, Inc.; Certainteed Corporation; Clark Equipment Company; Cleaver-Brooks Company, Inc.; Crane Co.; Dezurik, Inc.; Dravo Corporation; Elliott Company; Flowserve FSD Corporation; Flowscrve US, Inc.; FMC Corporation; Foster Wheeler Energy Corporation; General Electric Company; Goulds Pumps; Grinnell, LLC; Hercules, Inc.; Honeywell International, Inc.; Honeywell, Inc.; Invensys Systems, Inc.; IMO Industries, Inc.; ITT Corporation; Industrial Holdings Corporation; Ingersoll-Rand Company; McJunkin Corporation; National Service Industries Ventures, Inc.; Nebraska Boiler; Nitro Industrial Coverings, Inc.; Nagle Pumps, Inc.; Oakfabco, Inc.; Ohio Valley Insulating Company, Inc.; Owens-Illinois, Inc.; Pneumo Abex Corporation; Riley Power, Inc.; Rockwell Automation, Inc.; Roper Pumps Company; Rust Engineering & Construction, Inc.; Rust Constructors, Inc.; Schneider Electric USA, Inc.; Spirax Sarco, Inc.; State Electric Supply Company; Sterling Fluid Systems (USA), LLC; Stockham Valves & Fittings; Superior Boiler Works, Inc.; Tasco Insulations, Inc.; Tyco Flow Controls Inc. a/k/a Crosby Valve, Inc.; Tyco Flow Controls Inc. a/k/a Kunkle Valves; UB West Virginia, Inc.; United Engineers & Constructors and Washington Group International; Viking Pump, Inc.; Vimasco Corporation; Warren Pumps, Inc.; West Virginia State Electric Supply; Yale Materials Handling Corporation; and Zurn Industries, Inc.
Kanawha Circuit Court case number: 11-C-58