CHARLESTON -- A Jeffersonville, Ky.,couple is suing 37 companies after they claim they are responsible for a lung cancer diagnosis.
On Jan. 29, 2010, Gerald R. Gardner was diagnosed with carcinoma of the lung and pleural plaques, according to a complaint filed Feb. 1 in Kanawha Circuit Court.
Gardner and his wife, Linda C. Gardner, claim the defendants are responsible for the diagnosis because they exposed him to asbestos.
The Gardners claim Mr. Gardner was exposed to asbestos-containing products and machinery while serving in the U.S. Navy from 1955 until 1959; while working for a coal strip mine in Kentucky from 1972 until 1978; and while working for Operators Union Hall 132 at a coal strip mine in Charleston from 1981 until 1985.
The defendants failed to provide Mr. Gardner with information as to what would be reasonably safe and sufficient wearing apparel and proper protective equipment and appliances, according to the suit.
The Gardners are seeking compensatory and punitive damages with pre- and post-judgment interest. They are being represented by James M. Barber and Mary H. Keyes.
The case has been assigned to a visiting judge.
The 37 defendants named in the suit are A.W. Chesterton Company; Borg Warner Morse Tec, Inc., Caterpillar, Inc.; CBS Corporation; Certainteed Corporation; Clark Equipment Company; Crane Co.; Dana Corporation; Deere & Company; FMC Corporation; Ford Motor Company; Foster Wheeler Energy Corporation; Gardner Denver Nash, LLC; General Electric Company; Genuine Parts Company; Georgia-Pacific Corporation; Goodyear Tire & Rubber Company; Goulds Pumps Incorporated; Grinnell Corporation; Honeywell International, Inc.; IMO Industries, Inc.; Ingersoll-Rand Company; John Crane, Inc.; Mack Trucks, Inc.; Metropolitan Life Insurance Co.; Navistar, Inc.; Nitro Industrial Coverings, Inc.; Oakfabco, Inc.; Owens-Illinois, Inc.; Peterbilt Motors Company; Pneumo Abex, LLC; Trane U.S. Inc.; UB West Virginia, Inc.; Union Carbide Corporation; Vimasco Corp.; Warren Pumps, LLC; and Yarway Corporation.
Kanawha Circuit Court case number: 11-C-168