Mason man names 123 companies in asbestos suit

By Kyla Asbury | Sep 28, 2011

CHARLESTON -- A Mason man is suing 123 companies he claims are responsible for his mesothelioma diagnosis.

In March 2010, Delbert Chester Russell was diagnosed with mesothelioma, according to a complaint filed Sept. 6 in Kanawha Circuit Court.

Russell claims he has never smoked and was exposed to asbestos and/or asbestos containing materials during his employment from 1948 until 1993.

The defendants failed to protect Russell from the asbestos during his employment as an ironworker and coal miner, according to the suit.

Russell claims the defendants also failed to warn him of the dangers of asbestos.

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.

Russell is seeking a jury trial to resolve all issues involved. He is being represented by Victoria Antion, Scott A. McGee and Bronwyn I. Rinehart.

The case has been assigned to a visiting judge.

The 123 defendants named in the suit are 3M Company; 4520 Corporation, Inc.; A.O. Smith Corporation; A.W. Chesterton Company; Ajax Magnethermic Corporation; AK Steel Corporation; Allied Chemical Corporation; American Electric Power; American Electric Power Service Corporation; Appalachian Power Company; Ashland Oil, Inc.; Aurora Pump Company; Baltimore Aircoil Company, Inc.; Beazer East, Inc.; Bechtel Corporation; Brand Insulations, Inc.; BW IP, Inc.; Cashco, Inc.; Catalytic Construction Company; Certainteed Corporation; Cleaver-Brooks Company, Inc.; Columbus McKinnon Corporation; Copes-Vulcan, Inc.; Crane Co.; Crown Cork & Seal USA, Inc.; Cyprus Amax Minerals Company; Dezurik, Inc.; Dow Chemical Company; Dravo Corporation; Eichleay Corporation; E. I. DuPont De Nemours; Eaton Corporation; Elkem Metals Company - Alloy, LP; Elkem Chemicals, Inc.; Elkem Materials, Inc.; Elkem Metals, Inc.; FB Wright Company; Flowserve FSD Corporation; Flowserve US, Inc.; FMC Corporation; Foseco, Inc.; Foster Wheeler Energy Corporation; General Electric Company; General Glass Company, Incorporated; Geo. V. Hamilton, Inc.; Gordon Gasket & Packing Co.; Goulds Pumps, Inc.; Green Tweed & Company; Grinnell, LLC; Heico Holding, Inc.; Hercules, Inc.; Honeywell International, Inc. successor-in-interest to Semet Solvay; Honeywell International f/k/a Allied Signal, Inc.; Honeywell International, Inc.; Howden-Buffalo, Inc.; I.U. North American, Inc.; IMO Industries, Inc.; Indiana Michigan Power Company; Industrial Holdings Corporation; Ingersoll-Rand Company; Insul Company, Inc.; ITT Corporation; Joy Manufacturing, Inc.; Joy Technologies, Inc.; Kentucky Power Company; Lockheed Martin Corporation; McJunkin Corporation; McNally Industries; Met Pro Corporation; Metropolitan Life Insurance Company; Milwaukee Crane & Equipment Company; Milwaukee Valve Company, Inc.; Morgan Engineering Systems, Inc.; Nagle Pumps, Inc.; National Service Industries Venture, Inc.; Nitro Industrial Coverings, Inc.; Oakfabco, Inc.; Oglebay Norton Company; Ohio Power Company; Ohio Valley Insulating Company, Inc.; Ohio Valley Electric Corporation; Owens-Illinois, Inc.; P&H Mining Equipment, Inc.; Pettibone/Traverse Lift, LLC; Pneumo Abex Corporation; Premier Refractories, Inc.; Rapid American Corporation; Reading Crane; Riley Power, Inc.; Rockwell Automation, Inc.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Schneider Electric USA, Inc.; Shell Oil Company; Spirax Sarco, Inc.; Standard Oil Company, Inc.; State Electric Supply Company; Sterling Fluid Systems (USA), LLC; Stockham Valves & Fittings; Sunbeam Corporation; Surface Combustion, Inc.; Tasco Insulations, Inc.; the Burger Iron Company; the Cincinnati Gas & Electric Company; the F.D. Lawrence Electric Company; the Gage Company; the George Sollitt Construction Company; the Whiting-Turner Contracting Company; the William Powell Company; Thiem Corp.; UB West Virginia, Inc.; Union Carbide Chemical and Plastics Company, Inc.; Uniroyal, Inc.; United Engineers & Constructors and Washington Group International; Viacom f/k/a Westinghouse Electric Corporation; Viking Pump, Inc.; Vimasco Corporation; Weil-McLain Company; West Penn Power Company; West Virginia Electric Supply; Wyeth Holdings Corporation; Yarway Corporation; and Zurn Industries, Inc.

Kanawha Circuit Court case number: 11-C-1535

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