West Virginia Record

Monday, December 9, 2019

Woman names 78 defendants in asbestos case

By Kyla Asbury | Oct 1, 2012

CHARLESTON -- A woman is suing 78 companies she claims are responsible for her mesothelioma diagnosis.

Iris Bowen was diagnosed with mesothelioma on July 19, according to a complaint filed Aug. 30 in Kanawha Circuit Court.

Bowen claims she was exposed to asbestos materials during her employment from 1949 until 1979, and was also exposed due to her late husband's employment as a coal miner from 1945 until 1979.

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.

Bowen claims she smoked one pack of cigarettes per week from 1937 until 1975, but has not smoked since then.

Certain defendants are also being sued as premises owners and as Bowen's employers for deliberate intent/intentional tort, according to the suit.

Bowen is seeking a jury trial to resolve all issues involved. She is being represented by Victoria Antion, Anne McGinness Kearse, Scott A. McGee, John D. Hurst and J.D. McMullen.

The case has been assigned to a visiting judge.

The 78 companies named as defendants are 3M Company; A.W. Chesterton Company; Airtek, Inc.; AK Steel Corporation; Allied Corporation; Aurora Pump Company; Borg-Warner Corporation; Caterpillar Inc.; Certainteed Corporation; Cleaver-Brooks Company, Inc.; Copes-Vulcan, Inc.; Crane Co.; Dravo Corporation; Eaton Electrical, Inc.; Fairmont Supply Corporation; Flowserve FSD Corporation; Flowserve US, Inc.; FMC Corporation; Ford Motor Company; Foster Wheeler Energy Corporation; Gardner Denver, Inc.; General Electric Company; Genuine Parts Company; George V. Hamilton, Inc.; Georgia Pacific Corporation; Georgino Industrial Supply (Pittsburgh), Inc.; Goulds Pumps; Grinnell LLC; Harvey Hubbell, Inc.; Hercules, Inc.; Honeywell International; Howden North America, Inc.; I.U. North America, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand; ITT Corporation; J. H. Fletcher & Co.; Joy Technologies, Inc.; Lewis-Goet
z and Company, Inc.; McJunkin Red Man Corporation; McNeil Corporation; Metropolitan Life Insurance Company; Mine Safety Appliances Company; Montgomery General Hospital, Inc.; Morgantown-National Supply, Inc.; Nacco Materials Handling Group, Inc.; Nagle Pumps, Inc.; Nitro Industrial Coverings, Inc.; Owens-Illinois, Inc.; P&H Mining Equipment, Inc.; Petroleum Pipe and Supply Company, Inc.; Pettibone/Traverse Lift, LLC; Phillips Corporation; Pneumo Abex Corporation; Rapid-American Corporation; Riley Power, Inc.; Ritter Technology LLC; Rockwell Automation, Inc.; Schneider Electric USA, Inc.; State Electric Supply Company; Sterling Fluid Systems (USA), LLC; Sunray Electric Supply Company; Tamko Roofing Products; Tasco Insulations, Inc; the Goodyear Tire & Rubber, Co.; UB West Virginia, Inc.; Union Carbide Chemical & Plastics Company; Uniroyal, Inc.; United Conveyor Corporation; United Engineers & Constructors and Washington Group International; Viacom, Inc.; Vimasco Corporation; West Virginia Electric Supply Company; Wilsonart International; Yale Materials Handling Corporation; Yarway Corporation; and Zurn Industries, LLC.

Kanawha Circuit Court case number: 12-C-1755

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