CHARLESTON – An Ashland, Ky., couple are suing 57 companies they claim are responsible for an asbestosis diagnosis.
Arthur Benjamin Jr. was diagnosed with asbestosis on Aug. 20, according to a complaint filed March 1 in Kanawha Circuit Court.
Benjamin and his wife, Jackie L. Benjamin, claim he smoked for approximately 47 years, starting in approximately 1966, but quit a few times.
The defendants exposed Arthur Benjamin to asbestos and/or asbestos-containing products during his career as a laborer from 1968 until 2001, according to the suit.
The Benjamins claim the defendants are being sued based upon the 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 premises owners and as Arthur Benjamin’s employers for deliberate intent/ intentional tort, according to the suit.
The Benjamins are seeking a jury trial to resolve all issues involved. They are being represented by James A. McKowen of James F. Humphreys & Associates.
The case has been assigned to a visiting judge.
The 57 defendants in the suit include 3M Company; A.K. Steel Corporation; Ashland, Inc.; A.W. Chesterton Company; Amdura Corporation; Bucyrus International, Inc.; CBS Corporation; Caterpillar, Inc.; Clark Equipment Company; and Certainteed Corporation.
Kanawha Circuit Court case number: 13-C-423