CHARLESTON – A Dunbar couple are suing 67 companies they claim are responsible for a lung injury caused by exposure to asbestos.
On May 11, 2011, John B. Kenyon was diagnosed with bilateral pleural plaques, according to a complaint filed April 29 in Kanawha Circuit Court.
Kenyon claims he was exposed to asbestos and/or asbestos-containing products during his employment as an estimator, warehouse employee/delivery person and sales person form 1964 until 2002.
Throughout his life, Kenyon never smoked cigarettes, but smoked the occasional cigar from 2000 until 2012, according to the suit.
Kenyon is suing the defendants for 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 Kenyon’s employers for deliberate intent/intentional tort, according to the suit.
Kenyon and his wife, Peggy E. Kenyon, 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 67 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-831