Va. couple names 92 defendants in asbestos suit

By Kyla Asbury | Sep 27, 2011

CHARLESTON -- A Dublin, Va., couple is suing 92 companies after they claim they are responsible for asbestos exposure and a diagnosis of lung cancer.

On Jan. 3, Edward Lewis Montgomery was diagnosed with lung cancer, according to a complaint filed Sept. 6 in Kanawha Circuit Court.

Montgomery claims he was exposed to asbestos and/or asbestos containing materials during his career as a machine operator, laborer and insulator.

The defendants were negligent in failing to protect Montgomery from the asbestos and/or asbestos containing products during his employment from 1952 until 2005.

Montgomery claims the defendants are responsible for his lung cancer.

The defendants are being sued based 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.

Montgomery and his wife, Callie Ilene Montgomery, are seeking a jury trial to resolve all issues involved. They are being represented by Victoria Antion, Scott A. McGee and Bronwyn I. Rinehart.

The case has been assigned to a visiting judge.

The 92 defendants named in the suit are 3M Company; A.W. Chesterton Company; Ajax Magnethermic Corporation; American Electric Power; American Electric Power Service Corporation; Appalachian Power Company; Armstrong International, Inc.; Aurora Pump Company; Beazer East, Inc.; Bechlel Corporation; Brand Insulations, Inc.; Bucyrus International, Inc.; Catalytic Construction Company; Certainteed Corporation; Cleaver-Brooks, Inc.; Columbus McKinnon Corporation; Crane Co.; Crown, Cork & Seal USA, Inc.; Dominion Virginia Power; Dravo Corporation; E.I. Dupont de Nemours & Co.; Eaton Electrical, Inc.; F.B. Wright; Flowserve US, Inc.; Fluor Corporation; Fluor Enterprises, Inc.; FMC Corporation; Foseco, Inc.; Foster Wheeler Energy Corporation; General Electric Company, Inc.; Geo. V. Hamilton, Inc.; Georgia Pacific Corporation; Goulds Pumps, Inc.; Grinnell, LLC; Hercules, Inc.; Hoechst Celanese Corporation; Howden North America, Inc.; I.U. North America, Inc.; IMO Industries, Inc.; Inductotherm Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; Insul Company, Inc.; International Paper Co.; ITT Corporation; J.H. France Refractories Company; Lockheed Martin Corporation; Mallinckrodt, LLC; Manitowoc Cranes; McJunkin Corporation; Meadwestvaco Corporation; Metropolitan Life Insurance Company; Milwaukee Crane & Equipment Company; Morgan Engineering Systems, Inc.; Nagle Pumps, Inc.; National Service Industries Venture, Inc.; Nitro Industrial Coverings, Inc.; O.C. Keckley Company; Oakfabco, Inc.; Oglebay Norton Company; Ohio Valley Insulating Company, Inc.; Owens-Illinois, Inc.; P&H Mining Equipment, Inc.; Premiere Refractories, Inc.; Rapid American Corporation; Reading Crane and Engineering Company; Riley Power Inc.; Rockwell Automation, Inc.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Rust International, Inc.; Schneider Electric; Spirax Sarco, Inc.; Sterling Fluid Systems (USA), LLC; Tasco Insulations, Inc.; the Alliance Machine Company; the Gage Company; the William Powell Company; UB West Virginia, Inc.; Uniroyal, Inc.; United Engineers & Constructors and Washington Group International; United McGill Corporation; US Steel Corporation; Viacom, Inc.; Viking Pump, Inc.; Vimasco Corporation; Virginia Electric and Power Company; Weil-McLain Company; Weyerhaueuser Company; WT/HRC Corporation/ Whiting Corporation; Yarway Corporation; and Zurn Industries, Inc.

Kanawha Circuit Court case number: 11-C-1534

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