Asbestos suit says carpenter quit smoking in 1984

By Kyla Asbury | Feb 21, 2013

CHARLESTON – An Eleanor woman is suing 44 companies she claims are responsible for her late husband’s lung cancer and death.

Delmer Absten was diagnosed with lung cancer on Jan. 10, 2011, from which he died on April 15, according to a complaint filed Feb. 15 in Kanawha Circuit Court.

Thelma Absten claims her late husband was exposed to asbestos and/or asbestos-containing products during his career as a laborer and a carpenter from 1964 until 2003.

Delmer Absten smoked one pack of cigarettes or less per day from 1956 until 1984, but then quit, according to the suit.

Thelma Absten claims the defendants failed to warn him of the dangers of asbestos.

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.

Thelma Absten is seeking a jury trial to resolve all issues involved. She is being represented by Victoria L. Antion, Scott A. McGee and John D. Hurst of Motley Rice and Bronwyn I. Rinehart of James F. Humphreys & Associates.

The case has been assigned to a visiting judge.

The 44 companies named as defendants include 3M Company; A.W. Chesterton Company; Beazer East, Inc.; Certainteed Corporation; Cleaver-Brooks, Inc.; Dravo Corporation; FB Wright Company; FMC Corporation; Foster Wheeler Energy Corporation; and General Electric Company.

Kanawha Circuit Court case number: 13-C-310

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