CHARLESTON – A former employee and his wife are suing Momentive Performance Materials USA, Inc., after his exposure to chemicals caused him to be diagnosed with bronchiolitis obliterans.
Brian Tucker was employed by the defendant from 1977 until 2011, according to a complaint filed Jan. 31 in Kanawha Circuit Court.
Tucker and his wife, Sherri Tucker, claim he was exposed to chemicals during his employment and, as a result, has been diagnosed with bronchiolitis obliterans.
The defendant failed to warn the Tuckers of the health risks associated with exposure to the hazardous chemicals, according to the suit.
The Tuckers claim the defendant also failed to provide the post-marketing warning or instruction that a manufacturer exercising reasonable care would have provided concerning the risks.
The defendant’s conduct was willful, malicious and/or in reckless disregard for the rights of foreseeable users, according to the suit.
The Tuckers are seeking compensatory and punitive damages. They are being represented by Timothy N. Barber.
The case has been assigned to Circuit Judge James C. Stucky.
Kanawha Circuit Court case number: 13-C-216