CHARLESTON – A Greenup, Ky., woman is suing 49 companies she claims are responsible for her husband's lung cancer and death.
On Dec. 28, 2010, Jack Colvin Davis was diagnosed with lung cancer, from which he died on Feb. 5, 2011, according to a complaint filed Feb. 2 in Kanawha Circuit Court.
Mary L. Davis claims the 49 defendants exposed her husband to asbestos and/or asbestos-containing products during his employment as a laborer and carpenter.
The defendants failed to warn Jack Davis of the dangers of asbestos, according to the suit.
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.
Mary Davis is seeking a jury trial to resolve all issues involved. She is being represented by Bronwyn I. Rinehart, Victoria L. Antion and Scott A. McGee.
The case has been assigned to a visiting judge.
The 49 companies named as defendants in the suit are A.K. Steel Corporation; A.W. Chesterton Company; Amdura Corporation; Bucyrus International, Inc.; Caterpillar Inc.; Clark Equipment Company; Cleaver-Brooks Company, Inc.; Columbus McKinnon Corporation; Crane Co.; Dravo Corporation; Eaton Electrical, Inc.; Flowserve FSD Corporation; Flowserve US, Inc.; FMC Corporation; Foseco, Inc.; Foster Wheeler Energy Corporation; General Electric Company; Georgia Pacific Corporation; Goulds Pumps, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; Insul Company, Inc.; ITT Corporation; McJunkin Red Man Corporation; Morgan Engineering, Inc.; NACCO Materials Handling Group, Inc.; Nagle Pumps; Nitro Industrial Coverings, Inc.; Oglebay Norton Company; Ohio Valley Insulating Company, Inc.; Pettibone/Traverse Lift, LLC; Premier Refractories, Inc.; Rapid American Corporation; Riley Power Inc.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Rust International Inc.; Schneider Electric USA, Inc.; State Electric Supply Company; Sterling Fluid Systems (US) LLC; Tasco Insulations, Inc.; The F.D. Lawrence Electric Company; UB West Virginia, Inc.; United Engineers & Constructors and Washington Group International; Viacom, Inc.; Vimasco Corporation; West Virginia State Electric Supply Company; and Yale Materials Handling Corporation.
Kanawha Circuit Court case number: 12-C-221