Industrial mechanic sues multiple companies, alleges harm from benzene exposure

By Noddy A. Fernandez | Jan 10, 2019

CHARLESTON — An industrial mechanic is suing various companies, citing alleged negligence and failure to protect.

David Hyre filed a complaint in Kanawha Circuit Court against CRC Industries Inc., Safety-Kleen Systems Inc., Radiator Specialty Company, United States Steel Corporation and E. L. du Pont de Nemours & Co. alleging that they produced, supplied, used and delivered products containing benzene that are inherently, excessively and ultra-hazardously dangerous.

According to the complaint, between 1980 and 2009, Hyre worked as an industrial mechanic performing various types of mechanical work in and around Parkersburg, West Virginia. During that time he was allegedly exposed to dangerous levels of benzene by working with and being exposed to various benzene-containing products that were manufactured, marketed, supplied, sold and/or distributed by the defendants. 

As a direct proximate result, Hyre developed Myelodysplastic Syndrome (MDS) including multiple related adverse blood and bone marrow effects, cellular abnormalities anemia, genotoxic effects and resultant DNA and chromosomal damage that were discovered July 12, 2017. 

Hyre alleges the defendants failed to warn him of the dangers of the products he was exposed to. 

The plaintiff requests a trial by jury and seeks judgment for an amount under the Court's jurisdictional minimum, as provided by law, and also for the cost of action. He is represented by Leif J. Ocheltree of Goldberg, Persky & White, PC in Weirton.

Kanawha Circuit Court Case number 18-C-1468

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Goldberg, Persky & White, PC Kanawha Circuit Court

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