Robert Wayne Wells worked with, and was exposed to, asbestos-containing products while employed at Weirton Steel in Weirton and Miles/Mobay in New Martinsville, according to a complaint filed in Marshall Circuit Court.
Lois June Wells claims the defendants’ manufacture, sale, distribution, use and/or installation of asbestos-containing products exposed the decedent to asbestos, resulting in his development of an asbestos-related malignancy.
Robert Wells was diagnosed with asbestos-related lung cancer on May 6, 2015, and died two months later.
The defendants were negligent in that they knew or should have known that the use of their products would cause serious lung diseases and cancer, and failed to take reasonable precautions to warn the decedent of what would be safe and sufficient wearing apparel and safety equipment for persons who were exposed to their products, according to the suit.
Lois Wells claims the defendants failed to properly and adequately label the products; sold them when they were not in a reasonably safe condition; failed to supply accurate and complete warnings of the known dangers involved in the use of and exposure to the products; and negligently installed the products without taking precautions to warn and protect the decedent.
The defendants also breached their warranty and had a duty to warn the decedent and failed to do so, according to the suit.
Lois Wells is seeking compensatory and punitive damages. She is being represented by Leslie Ann James of Hartley & O’Brien PLLC.
Marshall Circuit Court case number: 16-C-95