CHARLESTON - A Fayetteville man and his mother are suing 39 companies they claim caused his father's death.
Danny Ray Kincaid Sr. was diagnosed with lung cancer in April 2012, from which he died on June 15, 2012, according to a complaint filed July 30 in Kanawha Circuit Court.
Jesse E. Kincaid and Mary C. Kincaid claim Danny Kincaid smoked 2 packs per day from 1966 until 1997, but then quit.
Danny Kincaid was exposed to asbestos during his employment as a crane operator and dust collector technician from 1973 until 2008, according to the suit.
The defendants are being sued based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentations and post-sale duty to warn, according to the suit.
The plaintiffs claim certain defendants are also being sued as premises owners and as Danny Kincaid's employers for deliberate intent/intentional tort.
The plaintiffs are seeking a jury trial to resolve all issues involved. They are being represented by Victoria Antion Nelson, Anne McGinness Kearse and Scott A. McGee of Motley Rice LLC.
The case has been assigned to a visiting judge.
A.W. Chesterton Company; Caterpillar Inc.; Certainteed Corporation; Columbus McKinnon Corporation; Crane Co.; Dravo Corporation; Eaton Electrical Inc.; Elkem Chemicals Inc.; Elkem Materials Inc.; and Elkem Metals Company - Alloy LP were some of the 39 defendants named in the suit.
Kanawha Circuit Court case number: 13-C-1438