Couple name 82 defendants in asbestos suit

By Kyla Asbury | Aug 14, 2013

CHARLESTON - A Jodie couple are suing 82 companies for a lung injury sustained from exposure to asbestos.

Travis Simons was diagnosed with a lung injury on Nov. 13, according to a complaint filed July 30 in Kanawha Circuit Court.

Simons and his wife, Linda Jean Simons, claim the 82 defendants exposed him to asbestos during his employment as a laborer from 1968 until the present.

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, according to the suit.

The Simonses claim Travis Simons smoked for two years, ending in 1972.

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

The Simonses 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.

Kanawha Circuit Court case number: 13-C-1441

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