Boomer man sues 72 companies for lung cancer diagnosis

By Kyla Asbury | Jun 14, 2011

CHARLESTON -- A Boomer, W.Va., man is suing 72 companies after he claims they are responsible for his lung cancer.

On Feb. 14, Larry Macon McCommack was diagnosed with lung cancer, according to a complaint filed May 9 in Kanawha Circuit Court.

McCommack claims the defendants are responsible for his lung cancer because they caused him to be exposed to asbestos and/or asbestos-containing products.

The defendants failed to warn McCommack of the asbestos and/or asbestos-containing products' harmful nature, according to the suit.

McCommack claims he was exposed to the products from 1964 until 1995.

The defendants are being sued upon theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentations and post-sale duty to warn, according to the suit.

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

The case has been assigned to a visiting judge.

The 72 defendants are 3M Company; A.K. Steel Corporation; A.O. Smith Corporation; A.W. Chesterton Company; Ajax Magnethermic Corporation; Amchem Products, Inc.; Aurora Pump Company; BW IP, Inc.; Catalytic Construction Company; Certainteed Corporation; Cleaver-Brooks Company, Inc.; Crane Co.; Dravo Corporation; Eaton Electrical, Inc.; Elkem Chemicals, Inc.; Elkem Materials, Inc.; Elkem Metals Company - Alloy, LP; Elkem Metals, Inc.; Flowserve Corporation; Flowserve US, Inc.; FMC Corporation; Foseco, Inc.; Foster Wheeler Energy Corporation; General Electric Company; General Refractories Company; Goulds Pumps, Inc.; Grinnell, LLC; Hercules, Inc.; Honeywell International, f/k/a Allied Signal, Inc.; Honeywell International, Inc.; Howden North America, Inc.; IMO Industries; Industrial Holdings Corporation; Ingersoll Rand Company; Insul Company, Inc.; ITT Corporation; Hammel Dahl Valves; J.H. France Refractories; Mallinckrodt LLC; McJunkin Corporation; Metropolitan Life Insurance Company; Nagle Pumps; Nitro Industrial Coverings, Inc.; Oglebay Norton Company; Ohio Valley Insulating Company; Owens-Illinois, Inc.; Pneumo Abex Corporation; Premier Refractories, Inc.; Rapid American Corporation; Rhone-Poulenc, Inc.; Riley Power, Inc.; Rockwell Automations, Inc.; Rust Engineering Company; Schneider Electric USA, Inc.; State Electric Supply Company; Sterling Fluid Systems LLC; SVI Corporation; Swindell Dressier International Company; Tasco Insulations, Inc.; the Dow Chemical Company; the William Powell Company; Trane U.S. Inc.; Union Boiler Company; Union Carbide Chemical and Plastics Company, Inc.; Uniroyal, Inc.; United Engineers & Constructors and Washington Group International; Viacom, Inc.; Vimasco Corporation; Warren Pump; West Virginia Electric Supply Company; Yarway Corporation; and Zurn Industries, LLC.

Kanawha Circuit Court case number: 11-C-749

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