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Thursday, April 25, 2024

Laborer, wife accuse employers, asbestos distributors of causing husband's lung cancer

Lawsuits
Asbestos 12

CHARLESTON — A Sandyville husband and wife are suing dozens of asbestos distributors/suppliers/manufacturers/installers, premises owners and employers, alleging negligence, contaminated buildings, breach of express/implied warranty, strict liability, tort, conspiracy, misrepresentations by specific defendants and a post-sale duty to warn.

Doyle M. Smith and Margaret Smith filed a complaint in Kanawha Circuit Court against 20th Century Glove Corporation of Texas, also known as Guardline Inc, et. al, alleging they exposed Doyle Smith to contaminated premises.

According to the complaint, between 1960 and 1996, Doyle M. Smith, 74, was exposed to asbestos while he was a laborer, plant worker, construction worker and mechanic working for the defendants. On June 22, 2017, the suit says, Smith was diagnosed with lung cancer. 

The plaintiffs allege the defendants were negligent in their acts and some defendants are liable as premises owners and employers for deliberate intent/intentional tort.

The Smiths seek trial by jury and seek damages. They are represented by attorneys  David P. Chervenick and Bruce E. Mattock of Goldberg, Persky & White PC in Pittsburgh, and by Scott S. Segal of The Segal Law Firm in Charleston.

Kanawha Circuit Court case number 18-C-1353

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