Charleston, West Virginia – A couple from Ashland, Kentucky, has filed a lawsuit against 56 defendant companies that they think are liable for a malignant mesothelioma diagnosis.
Jimmie E Epling was diagnosed on 7th January, 2013, with malignant mesothelioma, a lawsuit filed on 22nd April in Kanawha County Circuit Court says.
According to Epling, he had the habit of smoking nearly one and a half packs of cigarettes per day between 1963 and 1993. Epling says he quit that habit then. Smokers have an increased risk of developing asbestos-related cancers such as mesothelioma if they’ve been exposed to asbestos fibers, according to researchers.
The defendant companies exposed the plaintiff to asbestos or products containing the dangerous substance during his career as an operator and machinist from year 1952 till 2000, according to the lawsuit.
Epling is blaming the defendant companies for alleged negligence, violation of warranty, intentional tort, misrepresentation, conspiracy and strict liability. He says the companies never warned him or other employees when asking them to work with and around a cancer-causing substance. Epling was not aware of the dangerous features of asbestos either, he says. The defendant companies made, supplied or used several asbestos products without providing any indication of the hazards associated with them, according to Epling.
Epling, along with his wife Ernestine, is asking for a grand jury trial for getting all these issues resolved. James McKowen, an attorney with WV lawfirm James F. Humphreys & Associates, L.C., is representing the claimants.
A visiting judge is expected to preside over the case.
3M Co; A.W. Chesterton Co; Amdura Corp; Bucyrus International; Buffalo Pumps; CBS Corp; Caterpillar; Clark Equipment Co; Certainteed Corp; and Cleaver Brooks Co. are the defendant companies cited in Epling’s lawsuit.
“Asbestos” is commercial name given to a number of fibrous minerals occurring in the nature. These minerals have high flexibility, tensile strength, resistance to electricity, heat, fire and corrosion, and durability. They are very cheap as well. For all these reasons, asbestos was widely used in a number of commercial products for many decades. These products include fireproofing and insulation materials, automotive clutches and brakes, cement, wallboard materials, ceiling tiles, and textile products. Though asbestos has all such useful features, it is a health hazard as well. Inhalation of its fibers could cause chronic respiratory problems and fatal cancers such as lung cancer and malignant mesothelioma.