CHARLESTON – A Reynoldsville, Pa., man is suing 109 companies he claims are responsible for his lung cancer.
In September 2011, Mark Dunn, who is a life-long non-smoker, was diagnosed with lung cancer, according to a complaint filed Oct. 26 in Kanawha Circuit Court.
Dunn claims he was required to undergo a lobectomy at Beaver Valley Medical Center on Dec. 6, 2011, followed by six rounds of chemotherapy because of the cancer.
During his employment as a Local 2 asbestos worker, Dunn was exposed to and did inhale dust and asbestos fibers, which caused his cancer, according to the suit.
Dunn claims the defendants caused asbestos and asbestos-containing materials to be placed in the stream of interstate commerce, which resulted in his exposure.
The defendants failed to advise Dunn of the dangerous characteristics of asbestos and asbestos-containing products; failed or omitted to provide him with the knowledge of reasonably safe apparel and property protective equipment; failed and omitted to place warnings on their containers; failed and omitted to take reasonable precautions or exercise reasonable care to publish, adopt and enforce a safety plan or safety method of handling and installing asbestos and asbestos materials; did not recommend methods to improve the work environment; did not develop alternative products; and continued to use a known cancer-causing product, according to the suit.
Dunn claims the defendants’ actions were negligent, reckless and willful and caused him to develop lung cancer.
As a result of Dunn’s development of lung cancer, he has suffered extreme nervousness and mental anguish, according to the suit.
Dunn is seeking compensatory and punitive damages. He is being represented by Brian A. Prim.
The case has been assigned to a visiting judge.
The 109 defendants named in the suit are A.O. Smith Corporation; Ajax Magnethermic Corporation; Allegheny Energy, Inc.; Allied Glove Corporation; American Electrical Power Company, Inc.; American Optical Corporation; Aqua-Chem. Inc.; Armstrong International, Inc.; Armstrong Pumps, Inc.; Atlas Industries, Inc.; Aurora Pump Company; Beazer East, Inc.; Brand Insulations, Inc.; BW/IP International Inc.; Cashco, Inc.; Catalytic Construction Company; CBS Corporation; Champlain Cable Corporation; Copes-Vulcan, Inc.; Corbeso, Inc.; Crane Co.; Crown Cork & Seal Company; DeZurik, Inc.; Donald McKay Smith, Inc.; Dravo Corporation; Durametallic Corporation; Eaton Corporation; Eichleay Corporation; Electrolux Home Products; Elsa Benson, Inc.; F.B. Wright Company; Fairmont Supply; Flowserve U.S., Inc.; Flsmidth Dorr-Oliver Eimco, Inc.; Flsmidth, Inc., f/k/a F.L. Smidth, Inc.; FMC Corporation; Foseco, Inc.; Foster Wheeler Corporation; Gardner Denver, Inc.; General Electric Company; George V. Hamilton, Inc.; Goulds Pumps, Inc.; Greene Tweed & Company; Grinnell Corporation; Hedman Resources Limited; Honeywell, Inc; Hunter Sales Corporation; IMO Industries, Inc.; I.U. North America, Inc.; Industrial Holdings Corporation; Ingersoll-Rand; Insul Company, Inc.; ITT Corporation; J.M. Foster, Inc.; Joy Technologies; Kentile Floors, Inc.; M.S. Jacobs & Associates, Inc.; Mallinckrodt Us, LLC; Marley Cooling Tower; McCann Shields Paint Company; McCarls, Inc.; McJunkin Red Man Corporation; Metropolitan Life Insurance Company; Milwaukee Valve Company; Mine Safety Appliance Company; Minnotte Contracting Corporation; Monongahela Power Company; Morgan Engineering; Mueller Steam Specialty; Nagle Pumps, Inc.; Nitro Industrial Coverings, Inc.; Oglebay Norton Company; Ohio Power; Ohio Valley Insulating Company; P&H Mining Equipment, Inc.; Patterson Kelly Corporation; Pennsylvania Electric Company; Plotkin Brothers Supply, LLP; Powell Valve Company; Power Piping; Premier Refractories, Inc.; Reading Crane & Engineering Co.; Research Cottrell Cooling, Inc.; Reunion Industries; Riley Stoker Corporation; Safety First Industries, Inc.; Saint-Gobain Abrasives, Inc.; Sealite, Inc.; Spirax Sarco, Inc.; Square D Company; Stockham Valves & Fittings; Sundyne Corporation; Tasco Insulation, Inc.; the Fairbanks Company; the Sager Corporation; Thiem Corporation; Townsend & Bottum, Inc.; Treco Construction Services, Inc.; UB West Virginia, Inc.; Unifrax Corporation; Union Carbide Corporation; United Conveyor Corporation; United States Steel Corporation; Vimasco Corporation; Virginia Electric and Power Company, Inc.; Washington Group International; Whiting Corporation; WMX Technologies, Inc.; Yarway Corporation; and Zurn Industries, Inc.
Kanawha Circuit Court case number: 12-C-2161