Lifelong smoker blames asbestos for lung cancer, sues 62 corporations

David Yates Jun. 21, 2007, 8:44am

Bryan Blevins

Attorney Bryan Blevins of Provost Umphrey has filed a suit on behalf of refinery worker Mark McCall against A.O. Smith and 61 other corporations for distributing asbestos containing products.The plaintiff smoked cigarettes for 36 years and has lung cancer.

McCall is blaming an assortment of corporations, such as aerospace giant Lockheed Martin and iron supplier Zurn Industries, for manufacturing and distributing asbestos laced products. Medical records attached to his lawsuit state that he had a significant occupational exposure to asbestos, probably while working as a welder for various refineries from 1974 to 2006.

The document also says McCall has been a cigarette smoker for most of his adult life.

The petition says the 62 defendants entangled in his lawsuit were negligent, failing to adequately test their asbestos-laced products before flooding the market with dangerous goods.

In addition, the petition faults Minnesota Mining and Manufacturing Corp. (3M Corporation) and American Optical Corp. for producing defective masks that failed to "provide respiratory protection."

McCall is suing for physical pain and suffering in the past and future, mental anguish in the past and future, lost wages, loss of earning capacity, disfigurement in the past and future, physical impairment in the past and future, and past and future medical expenses.

His petition was filed on June 19 with the Jefferson County District Court. Judge Donald Floyd, 172nd District Court, has been assigned to the case.

Case No. D179-167

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