February saw the filing of two more mesothelioma lawsuits in West Virginia, one of the more active states for the litigation of mesothelioma and asbestos lawsuits. Both lawsuits name a number of companies, charging that through the sale and distribution of asbestos containing products, those companies were responsible for exposing the plaintiffs to harmful asbestos fibers which caused them to develop untreatable and fatal asbestos-related diseases.

Houston and Patricia Wendell filed suit against 38 companies, including A. W. Chesterton Company. Houston worked for DuPont at the Belle, West Virginia plant from 1941 to 1980. His suit claims that in the course of his work, he was exposed to products that contained asbestos, and that those products emitted asbestos containing fibers into the air which he breathed. As a result of the exposure to the airborne asbestos fibers, Wendell developed mesothelioma, a deadly, rare cancer that affects the linings of organs and organ cavities in the body. Asbestos related diseases like mesothelioma can take decades to develop, but are invariably terminal.

Wendell’s suit claims that he was unaware that he was being exposed to asbestos fibers. The companies that are named in the suit, it alleges, did not provide any or adequate warnings about the dangers of asbestos in their products, nor did they provide training or information about safe ways to work with and around asbestos. Wendell’s suit claims that his illness is progressive, untreatable and incurable.

According to the suit, the Wendells have suffered and will continue to suffer serious bodily injury, pain, suffering and mental anguish, lost earnings, medical expenses and other damages. They seek both compensatory and punitive damages.

The second suit was filed by Geneva Fritz on behalf of the estate of Bobby Fritz, against CSX Transportation, Inc. The suit alleges that Bobby Fritz developed lung cancer after being required to work with near toxic dusts which contained asbestos and other harmful fibers. As a result of that exposure, the suit alleges, Fritz developed lung cancer, the disease of which he died.

The suit claims that CSX failed to require or provide appropriate safety equipment for handling and working with asbestos containing dusts, and failed to provide adequate or any training related to working with the hazardous substances. In the suit, Geneva Fritz claims that Bobby Fritz, before he died, suffered personal injury, great pain and extreme anxiety, and diminishment of his enjoyment of life. In addition, she seeks compensatory and punitive damages for his estate, and the loss of services, society, affection counseling and support to his household.

This entry was posted on Monday, March 3rd, 2008 at 10:39 am and is filed under Asbestos Litigation, West Virginia. You can follow any responses to this entry through the RSS feed. Responses are currently closed, but you trackback from your own site.