Heir sues 49 companies over man's alleged asbestos exposure

Kelly Holleran Mar. 3, 2010, 10:27am

The representative of a deceased man's estate has filed an asbestos suit against 49 defendant corporations, claiming the asbestos-related disease with which the man was diagnosed was wrongfully caused.

Jimmy Brumley worked as a union insulator from 1953 until his retirement in 1998, where plaintiff Curtis Brumley says he was exposed to asbestos-containing products.

Curtis Brumley claims the defendants failed to warn users of their dangerous products and of the life-threatening health hazards of the products.

According to the complaint filed Feb. 24 in Jefferson County District Court, the defendant companies failed to perform as safely as a consumer would expect.

As a result of his exposure, Jimmy Brumley developed mesothelioma, causing him to suffer conscious pain and suffering, emotional anxiety and mental distress and to incur medical costs before his death, the suit states.

Because of Jimmy Brumley's death, Curtis Brumley incurred funeral and burial expenses, the complaint says.

Named as defendants in the suit Azko Nobel Polymer Chemicals, Akzona Inc., Alcoa Inc., American Cyanamid Co., Ametek, AMF Incorporated, Anco Insulations, Ashland Oil, Atlantic Richfield, BP America, BP Products North America, Branton Insulations, CBS/Viacom/Westinghouse, Celanese, Champlain Cable Corp., Citgo Petroleum Corp., Columbian Chemicals Co., Conocophillips Co., Crown Central, CSR Ltd., Dow Chemical Co., E.I. Dupont De Nemours and Co., EA Development and Eagle Inc.

Also ELF Aquitaine, Entergy Gulf States Louisiana, Exxonmobil, Foster Wheeler Energy Corp., Gulf States Utilities Co., Hercules Incorporated, Hercules Inc., J. M. Huber Corp., The McCarty Corp., Morton International, Occidental Petroleum Corp., Olin Corp., Oxy USA, Oxy Vinyls, Reilly Benton, Reynolds Packaging, Riley Power, Sunoco, Temple-Inland, TexasGulf Inc., Total Petrochemicals USA, Ultramar Diamond Shamrock Corp., Union Carbide, Valero Energy Corp., Wyeth Holding Corp. and Zurn Industries.

In the lawsuit, Curtis Brumley is seeking $50 million in compensatory damages and $50 million in punitive damages, plus costs, interest and for other relief the Court deems appropriate.

He is represented by Susannah B. Chester and Charles E. Valles of Waters and Kraus in Dallas and by Paul D. Henderson of Orange.

The case has been assigned to Judge Bob Wortham, 58th District Court.
Jefferson County District Court case number: A186-121.

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