CHARLESTON -- A woman is suing 11 companies after she claims they are responsible for her late husband's mesothelioma and death.
On Oct. 18, 2010, Fred Ross, who was employed at DuPont Washington Works during his working career, died as a result of mesothelioma, according to a complaint filed Jan. 27 in Kanawha Circuit Court.
Mary C. Ross claims the defendants caused Mr. Ross to be continuously exposed to asbestos, asbestos-containing products and/or machinery requiring the use of asbestos and/or asbestos-containing products, which caused him to contract mesothelioma.
The defendants "negligently gave inadequate warning or instruction during and after the time of marketing, in that Defendants knew, or, in the exercise of reasonable care, should have known, about the risks associated with their products and failed to provide reasonable and/or adequate warning or instructions, in light of the likelihood that the asbestos, asbestos-containing products and/or machinery requiring the use of asbestos and/or asbestos-containing products would cause serious physical harm to Decedent," according to the suit.
Mrs. Ross is seeking compensatory and punitive damages. She is being represented by James A. McKowen and David P. Pavlik.
The case has been assigned to a visiting judge.
The defendants named in the suit are A.W. Chesterton Company; Aurora Pump Company; Buffalo Pumps, Inc.; Fairmont Supply Company; Gardner Denver, Inc.; Nagle Pumps, Inc.; Roper Pumps Company; State Electric Supply Company; Sterling Fluid Systems (USA), LLC; West Virginia Electric Supply Company; and John Does (1-5).
Kanawha Circuit Court case number: 11-C-146