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Thursday, April 25, 2024

Waverly couple names 116 defendants in asbestos suit

CHARLESTON -- A Waverly couple is using 116 companies they claim are responsible for a mesothelioma diagnosis.

On March 3, Fracis "Pete" Davis was diagnosed with mesothelioma, according to a complaint filed May 19 in Kanawha Circuit Court.

Davis claims he was exposed to asbestos during his career as a production operator and mechanic from 1959 until 1996.

The defendants were negligent in failing to warn Davis about the asbestos, according to the suit.

Davis and his wife, Doris Davis, claim the defendants knew or should have known that the asbestos exposure was unsafe.

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.

The Davises are seeking compensatory and punitive damages. They are being represented by Bronwyn I. Rinehart and Patrick J. Timmins.

The case has been assigned to a visiting judge.

Kanawha Circuit Court case number: 11-C-823

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