Matoaka couple name 69 defendants in asbestos suit

By Kyla Asbury | May 7, 2013

CHARLESTON - A Matoaka couple has named 69 defendants in a case claiming asbestos exposure caused lung injuries.

David Leroy Estes was diagnosed with asbestosis and pleural plaques on Oct. 25, 2011, according to a complaint filed April 22 in Kanawha Circuit Court.

Estes claims he smoked one-half pack of cigarettes per day from approximately 1960 until 2000, but then quit.

The 69 defendants exposed Estes to asbestos and/or asbestos-containing products during his employment as a laborer, machinist and maintenance supervisor from 1959 until 2006, according to the suit.

Estes claims 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.

Certain defendants are also being sued as premises owners and as Estes' employers for deliberate intent/intentional tort, according to the suit.

Estes and his wife, Salvajean J. Estes, 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 69 defendants include 3M Company; 4520 Corporation Inc.; A.W. Chesterton Company; Aurora Pump Company; Bechtel Corporation; Borg-Warner Corporation; Brand Insulations Inc.; Buffalo Pumps Inc.; BW/IP Inc.; and CBS Corporation.

Kanawha Circuit Court case number: 13-C-767

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