Woman names 39 defendants in asbestos case

By Kyla Asbury | Nov 7, 2012

CHARLESTON – An Elkview woman is suing 39 companies she claims are responsible for her late husband’s lung cancer and death.

CHARLESTON – An Elkview woman is suing 39 companies she claims are responsible for her late husband’s lung cancer and death.

On Nov. 3, 2010, Thomas Jarrett Bowen was diagnosed with lung cancer, from which he died on Dec. 5, 2010, according to a complaint filed Oct. 31 in Kanawha Circuit Court.

Mary C. Bowen claims Thomas Bowen was exposed to asbestos and/or asbestos containing products during his employment as a laborer from 1964 until 2001.

Thomas Bowen smoked two packs of cigarettes per day from 1957 until 1987, but then quit, according to the suit.

Mary Bowen is suing the defendants based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn.

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

Mary Bowen is seeking a jury trial to resolve all issues. 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 39 companies named as defendants in the suit are A.W. Chesterton Company; Caterpillar, Inc.; CBS Corporation; Cleaver-Brooks Company, Inc.; Crane Co.; Dravo Corporation; Eaton Corporation; Erie City Iron Works; Flowserve Corporation f/k/a the Duriron Company, Inc.; Flowserve Corporation, as successor-in-interest to Durametallic Corporation; FMC Corporation; General Electric Company; Goulds Pumps, Inc.; Grinnell, LLC; Honeywell International; Howden North America, Inc.; IMO Industries Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; ITT Corporation; McJunkin Corporation; Metropolitan Life Insurance Company; Nagle Pumps, Inc.; Nitro Industrial Coverings, Inc.; Ohio Valley Insulating Company, Inc.; Rapid American Corporation; Riley Power, Inc.; Rockwell Automation, Inc.; Rust Engineering & Construction, Inc.; Schneider Electric; State Electric Supply Company; Sterling Fluid Systems (USA), LLC; Swindell Dressier International Corporation; Tasco Insulations, Inc.; United Engineers & Constructors and Washington Group International; Vimasco Corporation; West Virginia Electric Supply Company; Yarway Corporation; and Zurn Industries, LLC.

Kanawha Circuit Court case number: 12-C-2192

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