Asbestos litigation case removed to federal court - Clarksburg, Morgantown: News, Sports, Weather

WV asbestos litigation case removed to federal court

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A case that is part of the West Virginia asbestos litigation may now be heard in federal court.

The action originally was filed in Kanawha County Circuit Court by Barbara E. Amick and her husband, Eldon Amick, against Allied Glove Corporation.

In the suit, Barbara Amick said she was diagnosed with mesothelioma because of asbestos exposure from remodeling performed at her home. Amick also said she was exposed to asbestos her husband brought home from work.

Ohio Power Company, which filed a notice of removal March 29 in U.S. District Court for the Southern District of West Virginia, was added as a defendant in the fifth amended complaint.

Court documents note a motion to amend the complaint was filed to reflect the death of Barbara Amick.

Before trial, many of the defendants — except American Electric Power and Vimasco — settled claims or were dismissed.

Late last month, the circuit court entered an order enlarging the time the Amicks had to effect service on the fifth amended complaint on Ohio Power Company.

The order also continued the matter with respect to the remaining defendants, Ohio Power, American Electric Power and Vimasco, the notice of removal states.  

In its notice of removal, Ohio Power said the only time Eldon Amick could have brought home asbestos from work was from 1952-1955, when he worked at the Ohio Power-owned Muskingum River and Kyger Creek power plants.

Ohio Power said by June 1955, Eldon Amick no longer worked at an industrial facility where he could have been exposed to asbestos.

However, the power company said it learned last month that Vimasco did not begin manufacturing or selling any products that contained asbestos until after 1955.

The power company said Vimasco has no record reflecting sale of any product that may have contained asbestos to any facility in 1955.

Ohio Power asked that Vimasco to be dismissed as a defendant.