MOUNDSVILLE – A Charleston couple is suing 18 companies it claims caused a diagnosis of multiple myeloma.
Donald C. Nichols was exposed to a chemical supplier’s aromatic hydrocarbon-containing and chlorinated hydrocarbon-containing products, chemicals and/or solvents, which were the proximate cause of his development of multiple myeloma in November 2013, according to a complaint filed in Marshall Circuit Court.
Nichols and his wife, Anna Nichols, claim the defendants had an unsafe working condition that existed in the workplace and presented a high degree of risk and a strong probability of serious injury or death.
Despite having actual knowledge of the unsafe working condition, the defendants violated, disregarded, circumvented and by-passed applicable state and federal safety statures, rules, regulations and standards, as well as commonly accepted and well-known consensus safety standards within the industry concerning the warnings which must be given, as well as the other precautions which must be taken when an employee is required to work with, near or around aromatic hydrocarbon-containing and chlorinated hydrocarbon-containing products, chemicals and/or solvents, according to the suit.
The plaintiffs claim the defendants failed to provide adequate respiratory and other forms of personal protective equipment and failed to provide adequate warnings of the hazards associated with exposure.
The defendants were negligent and their deliberate and intentional acts and omissions were a direct and proximate cause of Donald Nichols’ development of multiple myeloma, according to the suit.
The plaintiffs are seeking compensatory and punitive damages. They are being represented by R. Dean Hartley, James C. Wright and J. Michael Prascik of Hartley & O’Brien PLLC; and Scott S. Segal of the Segal Law Firm.
The defendants include FMC Corporation; ExxonMobil Corporation; Texaco Inc.; NCH Corporation; PPG Industries Inc.; M&P Industries Inc.; the B’Laster Corporation; Sprayway Inc.; Magnaflux Corporation; BP Products of North America; Bostik Inc.; Fiske Brothers Refining Company; Boyle-Midway Division of American-Home Products Corporation; Premier Farnell; Safety-Kleen Systems Inc.; Henkel Loctite Corporation; Dow Corning Corporation; and unknown entities.
Marshall Circuit Court case number: 15-C-198