Seeking the testimony of Jesse Philmon, Rosemary Philmon has filed a petition to perpetuate testimony.

The petition, filed Nov. 22 in Jefferson County District Court, states that Philmon suffers from lung cancer � a condition brought on by his asbestos exposure during his employment with Texaco.

The anticipated defendants in the pending suit are Texaco and Chevron USA.

According to the petition, Philmon was diagnosed with lung cancer. The petition does not state when he was diagnosed but does allege the disease "is expected to progress" and ultimately prove fatal.

"The substance of the testimony which petitioner expects to elicit involves Philmon's employment and exposure history at Texaco," the suit state, adding that the petitioner alleges his condition was a result of asbestos exposure.

Provost Umphrey attorney Keith Hyde represents the petitioners.

Judge Donald Floyd, 172nd District Court, is assigned to the case.

Case No. E191-386

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