Union couple names 69 defendants in asbestos case

By Kyla Asbury | Feb 6, 2012

CHARLESTON -- A Union couple is suing 69 companies they claim are responsible for a lung injury.

CHARLESTON -- A Union couple is suing 69 companies they claim are responsible for a lung injury.

On Aug. 1, 2011, Frank W. Arthur was diagnosed with lung cancer, according to a complaint filed Jan. 17 in Kanawha Circuit Court.

Arthur claims he was exposed to asbestos during his career as an insulator and production worker from 1963 until 1994.

The defendants are being sued based on 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.

Arthur and his wife, Charlotte A. Arthur, are seeking a jury trial to resolve all issues involved. They are being represented by Victoria Antion, Scott A. McGee and Gary W. Kendall.

The 69 defendants in the suit are 3M Company; A.O. Smith Corporation; A.W. Chesterton Company; Applied Extrusion Technologies, Inc.; Aurora Pump Company; Bayer Cropscience LP; Beazer East, Inc.; Bechtel Corporation; Borg-Warner Corporation; Catalytic Construction Company; Certainteed Corporation; Cleaver-Brooks, Inc.; Crane Co.; Crown, Cork & Seal USA, Inc.; Dravo Corporation; Eaton Electrical, Inc.; Flowserve US, Inc.; Fluor Corporation; Fluor Enterprises, Inc. as successor in interest to Fluor Daniel; FMC Corporation; Ford Motor Company; Foster Wheeler Energy Corporation; General Electric Company, Inc.; Genuine Parts Company; Goulds Pumps, Inc.; Grinnell, LLC; Hercules, Inc.; Hopeman Brothers, Inc.; Honeywell International; I.U. North America, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; ITT Corporation; John Crane, Inc.; Lockheed Martin Corporation; McJunkin Corporation; Meadwestvaco Corporation; Metropolitan Life Insurance Company; Nagle Pumps, Inc.; National Service Industries Venture, Inc.; Nitro Industrial Coverings, Inc.; Oakfabco, Inc.; Oglebay Norton Company; Ohio Valley Insulating Company, Inc.; Owens-Illinois, Inc.; Premiere Refractories, Inc.; Rapid American Corporation; Riley Power Inc.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Rust International, Inc.; Schneider Electric; Sterling Fluid Systems (USA), LLC; Tasco Insulations, Inc.; The Gage Company; The William Powell Company; Trane U.S. Inc.; UB West Virginia, Inc.; Union Carbide Chemical & Plastics Company; Uniroyal, Inc.; United Engineers & Constructors and Washington Group International; Viacom, Inc.; Viking Pump, Inc.; Vimasco Corporation; Waco, Inc.; Warren Pumps, Inc.; Yarway Corporation; and Zurn Industries, Inc.

The case has been assigned to a visiting judge.

Kanawha Circuit Court case number: 12-C-117

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