Archive for the ‘West Virginia’ Category

Two new lawsuits recently filed in Kanawha County District Court in West Virginia involve people who developed serious diseases as a result of exposure to asbestos.

The first was filed by Joseph Keller, on behalf of the estate of Paul Norman Keller. The lawsuit names CSX Transportation, formerly known as the Chesapeake & Ohio Railroad, as a defendant.

According to the lawsuit, Paul Keller worked for the railroad company for several years, and during his employment was exposed to toxic substances, including airborne asbestos fibers and dust.

The lawsuit filed by Keller says, “As a direct and proximate result of his exposure to the harmful dust, fumes and other products without any lack of due care on his part, the decedent contracted lung cancer and other diseases related to such exposure.”

Paul Keller was diagnosed with lung cancer, by which time he had already been suffering from the disease for several years. He died from the cancer on January 15, 2008.

The lawsuit states that the railroad company failed in its duty to provide Keller with a safe environment in which to work, according to the Federal Employer’s Liability Act. Joseph Keller is seeking punitive as well as compensatory damages on behalf of the deceased’s estate.

The second lawsuit involves a Kanawha County couple who have filed an asbestos-related lawsuit which names a total of 85 defendant companies. The lawsuit, filed by Vincent and Antoinette Scriptunas, claims that Vincent Scriptunas developed mesothelioma as a result of long-term exposure to asbestos.

Vincent Scriptunas, who worked for Union Carbide in South Charleston between 1951 and 1988, was diagnosed with the asbestos-related cancer mesothelioma on June 20, 2007. Scriptunas claims to have been exposed to asbestos while working for Union Carbide.

According to the lawsuit filed by Vincent and Antoinette Scriptunas, the defendant companies are responsible for the development of the disease because they failed to protect or warn Scriptunas about the dangers of asbestos.

The Scriptunas are seeking compensatory and punitive damages for medical expenses, loss of income and earning capacity, and mental and physical suffering.

West Virginia – A Colorado woman who was diagnosed with mesothelioma has filed an asbestos-related lawsuit in Madison County Circuit Court in West Virginia.

Joann Dennett filed the lawsuit on July 23. Dennett says she was employed a number of different positions in several different locations throughout the country between 1958 and 2008, and at some point was exposed to asbestos.

Dennett was diagnosed with mesothelioma on August 12, 2007. She has filed suit against a total of 73 defendant companies, claiming her disease was wrongfully caused.

Among the 73 defendants are Bondex International, CBS, Chrysler, Federal-Mogul Asbestos Personal Trust, Ford Motor Company, General Electric, General Motors, Goodyear, Honeywell International, Ingersoll-Rand, International Paper, John Crane, MetLife, Monsanto, Pfizer, Philips Electronics and Trane US.

Joan Dennett claims that at some point during her employment history, and during home or automotive repairs, she was exposed to airborne asbestos fibers being emitted by products she was working with or around. Inhalation of the fibers caused her to develop mesothelioma decades after the exposure.

According to Dennett’s lawsuit the defendants either knew or should have known of the dangers associated with asbestos exposure. The suit claims that her exposure was foreseeable and should have been anticipated by the defendants.

In addition, Joan Dennett’s lawsuit claims that the defendants continued to use asbestos in their products even though adequate substitutes for asbestos could be used. The lawsuit also claims that the defendants failed to provide warnings about asbestos exposure, or any instructions on how to work safely with their asbestos-containing products to prevent exposure from occurring.

As a result, Dennett alleges, she unknowingly continued to work with and around asbestos unaware she was being exposed to a dangerous substance, and without taking any safety precautions.

Due to the alleged negligence of the named defendants, Dennett claims she developed mesothelioma as a direct result of the asbestos exposure.

Dennett is seeking damages to help pay for mesothelioma treatment, as well as compensation for physical and mental pain and suffering, lost income, and lost earning capacity. She asks for at least $200,000 in compensatory damages. In addition her lawsuit seeks punitive damages to punish the defendants for “willful, wanton, intentional and reckless” behavior.

Charleston, West Virginia - Four families have filed asbestos-related lawsuits, claiming that a family member has suffered from an asbestos-related disease as a result of working with or around asbestos-containing products. In total, the four lawsuits name 124 different defendants.

The lawsuits were filed in Kanawha Circuit Court in West Virginia by the attorneys of the plaintiffs. Each of the four suits involves a man who has developed an asbestos-related disease as a result of past exposure to asbestos, and in two of the cases the men who developed the diseases have already died.

Asbestos-related diseases such as asbestosis, lung cancer, and mesothelioma cancer continue to increase in incidence as people who were exposed to asbestos decades ago begin to realize the devastating legacy of the substance.

In most cases of asbestos exposure which occurred last century, those exposed had no idea they were putting themselves at risk of developing chronic lung diseases or deadly asbestos cancers.

The first suit was filed by Doris Bowen of Barboursville, on behalf of the estate of Lemuel Bowen. Lemuel Brown developed asbestosis and lung cancer, and worked in Huntington as a welder at the American Car Foundry.

Also of Barboursville is Virginia Harris, who filed on behalf of the estate of Jack Harris. Harris has developed asbestosis and lung cancer, and worked for several years for IBEW Local 317 as an electrician.

The third suit was filed by Walter Socha, of Martins Ferry, Ohio. Socha worked at Wheeling Pittsburgh Steel as a laborer and pipefitter, and has developed asbestosis and lung cancer.

The fourth suit was filed by John F. Stoll and Betty J. Stoll, who currently reside in Wintersville, Ohio. John Stoll worked Weirton Steel in Weirton, West Virginia as a crane operator, electrician, and laborer. He has developed asbestosis and mesothelioma.

The lawsuits state that each of the plaintiffs was exposed to asbestos in products which were manufactured, supplied, or sold by one or more of the various named defendants. The suits also allege that the defendants failed to provide warnings about the dangers of asbestos and of their asbestos-containing products, and failed to provide information about safety procedures to reduce or prevent exposure to asbestos.

Each of the plaintiffs is seeking punitive as well as compensatory damages. Virginia Harris and Doris Bowen have filed wrongful death suits.

Charleston, West Virginia - Charleston contractor Rodney Loftis Sr. has been sentenced to two years’ probation and payment of a fine to the state Department of Environmental Protection for illegally dumping asbestos-containing construction materials.

Rodney Loftis Sr. is the present of Rodney Loftis & Son Contracting Inc., a contracting company which in 2004 and 2006 was involved in illegal asbestos disposal. Loftis was sentenced in Kanawha Circuit Court on Monday June 2. The criminal complaint which was filed claimed that Loftis violated two cease and desist orders relating to the dumping of asbestos waste at a property he owned.

At the sentencing on Monday, Judge Irene Berger told Loftis that despite the seriousness of his actions incarceration was not an appropriate sentence.

Loftis could have received a sentence of up to four years in prison: instead he received two years’ worth of probation and a fine of $37,500 as recommended by assistant prosecutor Rob Schulenberg. In addition, Loftis has been ordered to perform one hundred hours of community service and to pay $40 per month to cover fees involved in his probation.

Dumping of asbestos-containing waste in any location other than a licensed landfill is illegal due to the hazards associated with asbestos exposure. Inhalation of asbestos fibers can cause lethal diseases such as asbestosis and mesothelioma.

Asbestos was a common component of construction materials up until the 1980s due to its high fire resistance and other desirable factors, but the demolition or renovation of older buildings means the asbestos they contain must be dealt with appropriately.

The grand jury indictment against Loftis said the Department of Environmental Protection asked Loftis to show proof that he had properly disposed of materials taken from demolition jobs his company had done. DEP inspections indicated that Loftis had dumped asbestos-containing materials from several demolition sites.

After the sentencing hearing was over, Loftis expressed regret for his actions and claimed it was due to a misunderstanding, saying “I’d like to apologize to the state and to anybody I’ve done any hurt to.”

Later, he said, “I hate that it came to this. It was all a misunderstanding or we would not be here today. I don’t want to go into detail, but it’s all going to be straightened up and it will all be over with.”

New asbestos-related lawsuits filed this week include a petition filed in Kanawha County, West Virginia—one of the nation’s ‘hotspots’ in terms of the number of asbestos-related claims which are filed in this country.

The popularity of the location for asbestos-related lawsuits has been high for some time, as these juries in these Kanawha County have a reputation for awarding fairly large sums of money to plaintiffs in these types of cases. Under current laws, a case can be filed in West Virginia as long as there is some type of connection between the state and the case.

The new suit filed this week both involve a woman whose husband died from cancer after being exposed to asbestos while at work.

Eleanor Richards filed a lawsuit in Kanawha Circuit Court on April 18, on behalf of the estate of Charles Richards, her deceased husband. Charles Richards died from lung cancer, allegedly as a result of asbestos exposure.

According to the lawsuit filed by Eleanor Richards, Charles Richards was employed at the J.C. Hart foundry in Clarksburg as a molder, and was allegedly exposed to products containing asbestos while working there.

As a result of the asbestos exposure and because the defendants failed to provide a safe working environment in which to work, claims the lawsuit, Charles Richards developed the lung cancer that eventually killed him.

The lawsuit claims that “At all times relevant…it was feasible for the defendants to have adequately warned Charles Richards, tested their asbestos containing products, designed safer asbestos containing products or substitute asbestos free products.”

In addition to the pain and eventual death suffered by her husband, Eleanor Richards claims that she has suffered from mental anguish, sorrow, and the loss of companionship once supplied by her husband, as well as the necessity of paying medical expenses and funeral costs.

Eleanor Richards is seeking punitive damages as well as compensatory damages in the suit.

Lung cancer suits are somewhat less common than mesothelioma suits, in terms of asbestos-related litigation. It’s often more difficult to prove that a plaintiff developed lung cancer directly as a result of asbestos exposure, because lung cancer has a variety of different causes, while mesothelioma is known to develop only as a result of exposure to asbestos. Lung cancer can, for example, develop more or less spontaneously, while this is virtually unheard of for mesothelioma.

Kanawha County, West Virginia – A woman whose husband died of malignant mesothelioma has filed a lawsuit on behalf of his estate.

Betty Bailes, a Nicholas County resident, files the suit on behalf of her husband, George Bailes, naming a total of fifty companies as defendants. The suit specifically names Union Carbide Corporation and T.H. Agriculture and Nutrition.

Both of the defendants specifically named have been involved in numerous other asbestos-related lawsuits in the past, including several in Kanawha County.

According to the lawsuit filed by Betty Bailes, she and husband George lived in Nicholas County. George Bailes worked in Kanawha County, and was exposed to asbestos during the course of his work.

As a result of the asbestos exposure, the lawsuit claims, George Bailes developed malignant mesothelioma, a type of cancer.

Malignant mesothelioma is an asbestos-related disease, so called because the only known cause is asbestos exposure. The cancer can develop after relatively low levels of asbestos exposure, but its effects are no less serious. Mesothelioma is a deadly cancer that is difficult to diagnose and treat, and leaves very few survivors.

Despite the dangers of the substance asbestos was heavily used by many companies for much of the twentieth century. Asbestos was cheap to produce and add to manufactured products, and provided improved fire resistance and durability to thousands of different types of construction products.

The legacy of the heavy use of asbestos is now being seen, however, as thousands of people exposed to asbestos prior to the 1980s develop asbestos-related diseases in the twenty-first century. Mesothelioma has a long latency period, of up to five or six decades, and it’s likely that George Bailes and others like him were exposed to asbestos in the 1970s or even earlier.

The lawsuit filed by Betty Bailes includes nine counts, and alleges that the companies named in the suit knew that asbestos was dangerous, and were negligent in their failure to warn employees about those dangers. The lawsuit alleges also that the defendants did not advise employees about the proper safety precautions that should be taken to prevent exposure to asbestos at work.

Betty Bailes is seeking both compensatory and exemplary damages in the nine count suit, which alleges that both George and Betty Bailes suffered when George Bailes was diagnosed with malignant mesothelioma, due to the devastating nature of the disease.

Kanawha County, West Virginia – A Huntington man has filed an asbestos-related lawsuit against a total of eighty defendants. He claims he developed an asbestos-related disease after being exposed to the substance for more than 35 years.

The man is Richard Hynus, who was diagnosed with malignant mesothelioma on February 4 2008. His eighty-defendant lawsuit was filed in Kanawha Circuit Court, West Virginia.

Among the defendants is Huntington Alloys, formerly known as INCO, where Hynus once worked. Huntington Alloys produces nickel alloys at facilities in Huntington and Burnaugh.

Richard Hynus worked at Huntington Alloys between 1952 and 1987, as an electrician. The lawsuit he filed on March 31 2008 says he was exposed to asbestos fibers while at work for Huntington Alloys.

Electricians are often vulnerable to asbestos exposure when working at industrial plants due to the widespread use of asbestos prior to the 1980s, particularly in industrial locations. Asbestos was commonly used as an insulator and fire retardant, and was often used as electrical insulation as well as thermal insulation.

Mesothelioma, the asbestos-related disease that Hynus contracted as a result of the asbestos exposure, is a deadly type of cancer that is currently incurable.

The disease has a long latency period of two to five decades, meaning that even though Hynus ceased work at Huntington Alloys in the late 1980s it was still possible for him to have been exposed to sufficient asbestos to develop mesothelioma. In fact, the cancer can develop after exposure to a relatively small amount of asbestos.

In the lawsuit Richard Hynus claims that he has suffered severe illness and injury as well as significant medical expenses as a result of the disease and the treatment it requires.

Richard’s wife Joann Hynus is also a plaintiff, and claims that because of her husband’s disease she has suffered a loss of companionship and society.

The suit has a total of twelve counts, and Richard and Joann Hynus are seeking both compensatory and punitive damages.

Kanawha County, West Virginia – A Charleston attorney has filed a total of twelve asbestos-related lawsuits that include a total of 131 defendants between them. In each case the plaintiff is a person who was diagnosed with an asbestos-related disease, or the executor of the estate of a person who died of an asbestos-related disease.

The twelve suits include up to nineteen counts each, and were filed by the following people.

Willard and Anna best, who live in Marietta, Ohio, have filed on behalf of Willard Best, who worked as a machine operator for Kaiser Aluminum. He claims that asbestos exposure at work caused him to develop asbestosis and lung cancer.

Oscar and Genevieve Farley of Prince, W.Va. filed after Oscar Farley, who worked as a pipefitter for Union Local 5960, subsequently developed lung cancer and asbestosis.

Harrison and Sherry Fisher of Pennsylvania allege that Harrison Fisher was exposed to asbestos during the course of his work at Weirton Steel as a bander, and developed asbestosis and lung cancer as a result.

George and Viola Gvoyich of Weirton claim that George Gvoyich developed lung cancer and asbestosis after being employed as a steelworker at Weirton Steel.

Cecil and Elma Lang allege that Cecil Lang developed lung cancer and asbestosis as a result of working for Union Local 639 as a laborer.

Roy and Patricia Meadows of LeSage claim that Roy Meadows developed lung cancer and asbestosis after working as a crane operator for Union Local USWA 40.

Julius and Helen Sabatino of Shadyside, Ohio filed after Julius Sabatino developed asbestosis and lung cancer.

Karl and Ruth Stanley of Reader filed on behalf of Karl Stanley, who was employed as a welder for Union Local USWA 5724 and developed asbestosis and lung cancer.

Phyllis Canterbury, the executor of the estate of Larry Canterbury, filed suit on behalf of the deceased, who worked as a steelworker for USWA as well as for Union Carbide and FMC. Canterbury had lung cancer and asbestosis.

Linda Hickel filed a lawsuit on behalf of Gary N. Dennewitz, who allegedly developed asbestosis and lung cancer after working as a machinist for Union Local IAM 1027.

Coraletta Henry filed on behalf of Earl. Henry, Jr., formerly of New Haven, who had asbestosis and lung cancer, allegedly as a result of working at the Philip Sporn Power Plant and other locations.

Martha Taylor filed suit on behalf of Leon Taylor, who died after developing lung cancer and asbestosis. Leon Taylor worked as a welder for Union Local USWA 1652.

Kanawha County, West Virginia – A Wirt County man this week filed an asbestos-related lawsuit that names fifty different defendants. Among them are G.E. Plastics, where the man once worked.

The plaintiffs are Thomas P. McCue and wife Thelma. The couple filed the lawsuit in Kanawha Circuit court.

McCue alleges that he contracted a lethal lung disease as a result of working around asbestos for 32 years. McCue worked at Borg Warner, also called G.E. Plastics. During the course of his work as a laborer, maintenance worker and mechanic, he came into regular and repeated contact with asbestos rope, tape, blankets, and other asbestos-containing materials.

In the lawsuit, McCue says that he was not aware that working around asbestos could be dangerous, and further that he had no idea he had any asbestos-related health problems until he was diagnosed with mesothelioma.

McCue also says that he now knows that companies where he worked, or companies that produced products he was exposed to, are responsible for the disease he developed. In his lawsuit McCue claims that General Electric and Borg Warner are both guilty of ‘statutory misconduct’ due to having exposed him to asbestos.
The lawsuit has a total of twelve counts and seeks both compensatory and punitive damages.

Like Madison County, Illinois, Kanawha Court is a place where lawsuits like these are almost commonplace. A total of 165 such lawsuits have already been filed in Madison County this year. In both counties, a large number of asbestos-related lawsuits are filed by out-of-state plaintiffs.

The reason this occurs is that Kanawha County and Madison County (and other such places) have developed a reputation for finding in favor of the plaintiff in lawsuits where corporate entities are accused of negligence and misconduct. For example, judges in Madison County are more likely to hold corporations accountable for negligent actions such as those alleged in asbestos-related lawsuits.

Another factor that facilitates the high number of lawsuits in these counties is that the law allows anyone from any part of the country to file a lawsuit in any other part of the country. The only requirement is that they can prove that one party (either a plaintiff or a defendant) has some connection to the state where the suit has been filed.

That means, as long as a plaintiff can establish any link to West Virginia (or Illinois), they can file their case there. Given that many of the companies named are multi-state entities, establishing a link is not usually difficult.

CHARLESTON, West Virginia – Jennings Bartlett of Philippi, West Virginia has filed suit against 25 defendants in Kanawha Circuit Court, alleging that exposure to asbestos from their products caused asbestos-related illnesses from which he now suffers. The exposure claimed includes secondhand exposure, or take-home exposure, a principle which is just starting to be accepted as grounds for suit.

Bartlett claims that he was exposed to asbestos dust as a child, when his father worked as a welder at U.S. Steel, one of the companies named in the suit. According to the suit, his father came home from work with asbestos dust on his clothing and person.

Many companies have argued that they cannot be held responsible for secondhand asbestos exposure, alleging that to do so will open a floodgate of complaints. In one recent suit, the defendant corporation’s lawyers argued that accepting secondhand exposure as a liability could conceivably open the door to complaints from any of those whom their workers may have encountered on their way home from work.

The secondhand asbestos exposure argument is based on repeated exposure to asbestos fibers on clothing and the person of a family member who worked with or around asbestos. It is most often a family member who regularly handled the dusty clothes for laundering, shaking out the dust and causing the asbestos fibers to become airborne.

Plaintiffs claim that it was general knowledge in the industry that harmful dusts and fibers could be transferred to the home on the clothing of workers, and that it had been recommended that workers be instructed in hygiene practices designed to minimize the carrying home of asbestos fibers on their clothing, hair and skin.

In addition to his exposure as a child, Bartlett’s suit alleges that he was exposed to asbestos dust while doing mechanical repair work at various automobile dealerships, garages and other similar establishments.

Bartlett’s suit alleges that because of his repeated exposure to asbestos, he now has asbestosis and mesothelioma, two diseases which are caused only by asbestos. Mesothelioma is a rare, extremely aggressive cancer that destroys the tissue lining of the lungs, or, in rarer cases, the heart or abdominal cavity.

The suit names Unarco, Raybestos, Manhattan, American Asbestos Textile Corp., Johns-Manville, H.K. Porter, Asten Hill Manufacturing Co., and Pneumo Abex Corporation, Friction Products Division and its predecessors, including American Brake Block. It alleges that those companies were part of a conspiracy to hide the harmful health effects of asbestos.

Bartlett’s wife, Beulah Bartlett, is also a plaintiff in the suit. She claims that she has suffered the loss of general services, companionship and society of her husband. The Bartletts seek compensatory and punitive damages for their injuries.