WEST VIRGINIA RECORD

CHARLESTON -- A Flatwoods, Ky., couple is suing 57 companies they claim are responsible for a lung cancer diagnosis.

On May 15, 2010, Charles E. Gipson was diagnosed with lung cancer, according to a complaint filed April 27 in Kanawha Circuit Court.

Gipson claims the defendants are responsible for his lung cancer because they exposed him to asbestos fibers during his employment career.

Gipson smoked cigarettes from 1960 until 1995, but has since quit. He was also a member of the United States Army from 1948 until 1951, 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, misrepresentation and post-sale duty to warn, according to the suit.

Gipson and his wife, Esther Laverne Gipson, are seeking a jury trial to resolve all issues involved. They are being represented by Victoria Antion, Scott A. McGee, John D. Hurst and Bronwyn I. Rinehart

The case has been assigned to a visiting judge.

The 57 defendants are 3M Company; A.O. Smith Corporation; A.W. Chesterton Company; Ashland Oil, Inc.; Aurora Pump Company; Brand Insulations, Inc.; BW IP, Inc.; Certainteed Corporation; Chicago Pump Company; Cleaver-Brooks Company, Inc.; Crane Co.; Dravo Corporation; Eaton Electrical, Inc.; Flowserve FSD Corporation; Flowserve US, Inc.; Foster Wheeler Energy Corporation; FMC Corporation; Gardner Denver, Inc.; General Electric Company; Goulds Pumps, Inc.; Grinnell Corporation; Honeywell International; Honeywell, Inc.; Howden North America, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; ITT Corporation; Lockheed Martin Corporation; McJunkin Corporation; Metropolitan Life Insurance Company; Nagle Pumps, Inc.; Nitro Industrial Coverings, Inc.; Ohio Valley Insulating Company, Inc.; Owens-Illinois, Inc.; Pneumo Abex Corporation; Rapid American Corporation; Riley Stoker Corporation; Rockwell Automation, Inc.; Roper Pump Company; Rust International, Inc.; Square D Company; State Electric Supply Company; Sterling Fluid Systems (USA), LLC; Stockham Valves & Fittings; Taco, Inc.; Tasco Insulations, Inc.; Trane U.S. Inc.; UB West Virginia, Inc.; Uniroyal, Inc.; United Engineers & Constructors, Inc.; Viacom, Inc.; Viad Corporation; Vimasco Corporation; WABCO Company; West Virginia Electric Supply Company; and Zurn Industries, LLC.

Kanawha Circuit Court case number: 11-C-692