Woman names 37 defendants in asbestos suit

By Kyla Asbury | Sep 5, 2013

CHARLESTON - A woman is using 37 companies she claims are responsible for her father's death.

Clinton Pitzer was diagnosed with lung cancer on Feb. 25, from which he died on March 5, according to a complaint filed Aug. 19 in Kanawha Circuit Court.

Tammy Timmons, Pitzer's daughter, claims her father was exposed to asbestos and/or asbestos-containing products during his employment as a coal miner, a manager/operator of a coal mine and a laborer from 1954 until 1995.

Pitzer smoked one-half pack of cigarettes per day from 1954 until 1967, but then quit, according to the suit.

Timmons claims 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.

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

Timmons is seeking a jury trial to resolve all issues involved. She is being represented by Thomas P. Maroney of Thomas P. Maroney LC and Victoria Antion of Motley Rice LLC.

The case has been assigned to a visiting judge.

The 37 defendants in the suit include Caterpillar Inc.; Crane Co.; Dravo Corporation; Eaton Electrical Inc.; Fairmont Supply Company; FMC Corporation; Foster Wheeler Energy Corporation; Genuine Parts Company; Goulds Pumps Inc.; and Grinnell Corporation.

Kanawha Circuit Court case number: 13-C-1568

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