Man says 55 companies named in lung cancer, death suit

CHARLESTON -- A Charleston man is suing 55 companies after he claims they are responsible for his family member's lung cancer and death.

Carl E. Miller was diagnosed with lung cancer on Feb. 24, 2010, and died July 4, 2010, according to a complaint filed March 29 in Kanawha Circuit Court.

David W. Miller claims Carl Miller was employed by Union Carbide Pipefitter Union and smoked cigarettes from 1943 until 2010.

Carl Miller was also in the United States Army from 1943 until 1946, according to the suite.

David Miller claims the defendants are being sued upon theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentations and post-sake duty to warn.

David Miller is seeking a jury trial to resolve all issued involved. He is being represented by Victoria Antion and Bronwyn I. Rinehart.

The case has been assigned to a visiting judge.

The 55 companies named as defendants in the suit are 3M Company; A.W. Chesterton Company; Aurora Pump Company; Buffalo Pumps, Inc.; Certainteed Corporation; Crane Company; Crown, Cork it Seal USA, Inc.; Dow Chemical Company; Eaton Electrical, Inc.; 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 Corporation f/k/a Durametallic Corp.; 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; Honeywell International; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; Invensys Systems, Inc.; ITT Corporation; Hammel Dahl Valves; Lockheed Martin Corporation; McJunkin Corporation; McNally Industries; Met Pro Corporation; Metropolitan Life Insurance Company; Nagle Pumps; Nitro Industrial Coverings, Inc.; Ohio Valley Insulating Company, Inc.; Owens-Illinois, Inc.; Rapid American Corporation; Riley Power, Inc.; Rust Constructors, Inc.; Rust Engineering & Construction; Schneider Electric USA, Inc.; State Electric Supply Company; Sterling Fluid Systems (USA) LLC; Stockham Valves & Fittings; Tasco Insulations, Inc.; the William Powell Company; Tyco Flow Control Company, LLC; UB West Virginia, Inc.; Union Carbide Chemical & Plastics Company; Uniroyal, Inc.; Viacom, Inc.; Viking Pump Company; Vimasco Corporation; Waukesha Pumps; West Virginia Electric Supply Company; Yarway Corporation; and Zurn Industries, Inc.

Kanawha Circuit Court case number: 11-C-510