CHARLESTON — A man is suing 18 companies for causing him to contract Parkinson's disease.
Ronnie E. Auxier was employed as a paint technician in the aftermarket vehicle repair industry beginning in 1976 and continued in that capacity until 2015, according to a complaint filed in Kanawha Circuit Court.
Auxier claims he worked at various body shops in Kanawha County over the years. During his employment, he was diagnosed with Parkinson's disease and clear cell kidney cancer.
Auxier claims he was exposed to preparation solvents, primers, paints, thinners, reducers, clear coats, sealers solvents, chemicals and products during his employment and that exposure caused his development of Parkinson's disease and clear cell kidney cancer.
The defendants were manufacturers, processors, importers, sellers, suppliers or distributors of the products to which Auxier was exposed, according to the suit.
Auxier claims the defendants were negligent and that his livelihood was dependent on working in auto body shops and he was required to come into contact with and work in close proximity with repair and restoration products.
Auxier's illness, disability and damages were directly and proximately caused by the negligence, carelessness, willfulness and recklessness of the defendants, according to the suit.
The defendants failed to advise Auxier of the dangerous characteristics of its repair and restoration products and failed to advise him as to what would be reasonably safe and sufficient clothing, protective equipment and appliances to protect him from being poisoned and disabled as he was by exposure to the products, according to the suit.
The defendants listed in the complaint are national companies PPG Industries, DuPont De Nemours and Company, Sherwin Williams, Mercedes-Benz, Axatla Coating Systems, Genuine Parts Company dba NAPA Auto Parts, Rust-Oleum, U-Pol US, CQ Sourcing, Advance Auto Parts, 3M Company, CRC Industries, Valspar, W.M Barr & Company, Safety-Kleen, BASF Corporation and local companies Refinishing Materials Specialties dba RMS Pro Finishes and Sutton Auto Parts dba Clendenin Auto Parts (NAPA).
Auxier is seeking compensatory and punitive damages. They are represented by R. Dean Hartley, David B. Lunsford and Sean X. Xing of Hartley Law Group in Wheeling; and Robert P. Fitzsimmons and Clayton J. Fitzsimmons of Fitzsimmons Law Firm in Wheeling.
The case is assigned to Circuit Judge Ken Ballard.
Kanawha Circuit Court case number: 21-C-1176
