MOUNDSVILLE — A couple is suing various companies, citing alleged breach of warranty and strict liability.
David O. Wells and Linda K. Wells filed a complaint in Marshall Circuit Court against Axiall Corporation, Conocophillips Company, Chevron USA. Inc. et al. alleging that they breached their duty to warn David Wells and other individuals of the hazardous levels of benzene they were exposed to.
According to the complaint, between 1966 and 2002, David Wells was working in, around, near and being exposed to benzene manufactured, processed, and supplied and/or sold by the defendants.
Wells claims he was not warned of the hazards posed by the levels of benzene and was not provided with adequate safety equipment. This resulted in him being diagnosed with chronic myelomonocytic leukemia in 2017, causing Linda K. Wells to lose the general services and companionship of her husband.
The Wellses allege the defendants failed to recommend methods to improve the work environment, failed to develop alternative products and failed to adequately warn of the dangers of benzene when exposed.
The plaintiffs request a trial by jury and seek judgment for punitive damages and pre- and post-judgment interest, as well as such other relief as a judge or jury shall find fair and just. They are represented by R. Dean Hartley and Tejinder Singh of Hartley Law Group, PLLC in Wheeling.
Marshall Circuit Court Case number 18-C-256C