CHARLESTON – A Salyersville, Ky., man and his wife are suing 49 companies they claim are responsible for his lung cancer diagnosis.
On March 6, 2011, Will Press Conley was diagnosed with lung cancer, according to a complaint filed Feb. 29 in Kanawha Circuit Court.
Conley and his wife, Dorothy G. Conley, claim the 49 defendants exposed him to asbestos and/or asbestos-containing products during his career as a laborer from 1944 until 1995.
The defendants knew or should have known about the dangers of asbestos exposure, according to the suit.
The Conleys claim 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.
The Conleys are seeking a jury trial to resolve all issues involved. They are being represented by Victoria L. Antion, Scott A. McGee and Bronwyn I. Rinehart.
The case has been assigned to a visiting judge.
The 49 companies named as defendants are 3M Company; A.W. Chesterton Company, Inc.; AGCO Corporation; AK Steel Corporation; Beazer East, Inc.; Borg-Warner Automotive, Inc.; Certainteed Corporation; Cleaver Brooks Company, Inc.; Crane Co.; Dravo Corporation; Eaton Electrical, Inc.; Flowserve FSD Corporation; Flowserve US, Inc.; FMC Corporation; Ford Motor Company; Foseco, Inc.; Foster Wheeler Energy Corporation; General Electric Company; Genuine Paris Company; George V. Hamilton, Inc.; Georgia Pacific Corporation; Goulds Pumps, Inc.; Hercules, Inc.; Honeywell International; I.U. North America, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; Insul Company, Inc.; ITT Corporation; John Deere Company; Kelsey-Hayes Company; Metropolitan Life Insurance Company; Nagle Pumps, Inc.; Nitro Industrial Coverings, Inc.; Oglebay Norton Company; Owens-Illinois, Inc.; Pneumo Abex Corporation; Premier Refractories, Inc.; Rapid American Corporation; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Rust International, Inc.; Schneider Electric USA, Inc.; Sterling Fluid Systems (USA); Tasco Insulations, Inc.; Uniroyal, Inc.; Viacom, Inc.; and Vimasco Corporation.
Kanawha Circuit Court case number: 12-C-382