Forty-seven sued over man's death in asbestos suit

By Kyla Asbury | Aug 16, 2013


CHARLESTON - A woman has named 47 defendants in an asbestos suit that caused her father's death.

Phillip D. Ohlinger was diagnosed with lung cancer in March and died on July 9, according to a complaint filed July 30 in Kanawha Circuit Court.

Ann Ohlinger claims he smoked one pack of cigarettes per day from 1950 until 2003, but then quit.

The defendants exposed Phillip Ohlinger to asbestos during his employment as a sales person, laborer, furnance stoker and maintenance worker from 1953 until 1992, according to the suit.

Ann Ohlinger claims the defendants are being sued based upon theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentations and post-sale duty to warn.

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

Ann Ohlinger is seeking a jury trial to resolve all issues involved. She is being represented by Victoria Antion, Anne McGinness Kearse and Scott A. McGee of Motley Rice LLC and Christopher Tenoglia.

The case has been assigned to a visiting judge.

3M Company; A.W. Chesterton Company; Air & Liquid Systems Corporation; Ajax Magnethermic Corporation; American Electric Power Service Corporation; Beazer East Inc.; Brand Insulations Inc.; Catalytic Construction Company; Caterpillar Inc.; and Certainteed Corporation were some of the 47 defendants named in the suit.

Kanawha Circuit Court case number: 13-C-1439

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