Woman blames 49 companies for husband's lung injury, death

By Kyla Asbury | Jul 8, 2013

CHARLESTON - A Sissonville woman has named 49 defendants in an asbestos suit after she claims the defendants caused her late husband's lung injury and death.

Arthur William Bautista was diagnosed with lung cancer on Aug. 25, 2011, from which he died on Nov. 7, according to a complaint filed June 14 in Kanawha Circuit Court

Gloria Bautista claims the 49 defendants caused the lung injury.

Arthur Bautista smoked cigarettes from 1959 until 2011, but then quit, according to the suit.

Gloria Bautista claims her late husband was exposed to asbestos and/or asbestos-containing products during his employment at various work sites in West Virginia from 1971 until 2011.

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.

Gloria Bautista is seeking a jury trial to resolve all issues involved. She is being represented by Bronwyn I. Rinehart of James F. Humphreys & Associates.

The case has been assigned to a visiting judge.

The 49 defendants include 3M Company; A.W. Chesterton Company; Borg-Warner Corporation; Brand Insulations Inc.; BW/IP Inc.; CBS Corporation; Certainteed Corporation; Cleaver-Brooks Company Inc.; Columbus McKinnon Corporation; and Copes-Vulvan Inc.

Kanawha Circuit Court case number: 13-C-1129

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