Kenova couple names 46 defendants in asbestos case

By Kyla Asbury | Dec 5, 2012

CHARLESTON -- A Kenova couple is suing 46 companies they claim are responsible for an asbestosis diagnosis.

On Nov. 21, 2010, Elmer Lee Workman was diagnosed with asbestosis, according to a complaint filed Nov. 20 in Kanawha Circuit Court.

Workman claims he was exposed to asbestos during his career as a laborer and carpenter from 1939 until 1999.

The defendants are being sued upon the theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentations and post-sale duty to warn, according to the suit.

Workman claims certain defendants are also being sued as premises owners and as his employers for deliberate intent/intentional tort.

From 1943 until 1945, Workman was in the U.S. Navy and he is a lifelong non-smoker, according to the suit.

Workman and his wife, Dorsey Workman, are seeking a jury trial to resolve all issues involved. They are being represented by Bronwyn I. Rinehart.

The case has been assigned to a visiting judge.

The 46 companies named as defendants in the suit are 3M Company; A.C.F. Industries, LLC, successor-in-interest to ACF Industries, Inc.; A.W. Chesterton Company; Brand Insulations, Inc.; CBS Corporation; Certainteed Corporation; Cleaver Brooks Company, Inc.; Columbus McKinnon Corporation; Copes-Vulcan, Inc.; Crane Company; Crown, Cork & Seal USA, Inc.; Eaton Corporation; Flowserve Corporation f/k/a the Duriron Company, Inc.; Flowserve Corporation as successor-in-interest to Durametallic Corporation; Ford Motor Company; Foster Wheeler Energy Corporation; General Electric Company, Inc.; Geo. V. Hamilton, Inc.; Georgia-Pacific, LLC; Grinnell Corporation; Hercules, Inc.; Honeywell International f/k/a Allied Signal, Inc.; Honeywell International, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; John Crane, Inc.; Kenova Box Company; Lockheed Martin Corporation; McJunkin Corporation; Metropolitan Life Insurance Company; Mobile Corporation; Oakfabco, Inc.; Ohio Valley Insulating Company, Inc.; Owens-Illinois, Inc.; Pneumo Abex Corporation; Premier Refractories, Inc.; Rapid American Corporation; Riley Power Inc.; Schneider Electric; Tasco Insulations, Inc.; Union Carbide Chemical & Plastics Company; Uniroyal, Inc.; Vimasco Corporation; Weil-McLain Company; and Yarway Corporation.

Kanawha Circuit Court case number: 12-C-2323

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