Elderly Pa. man, West Virginia widow file separate asbestos claims in Phila. court

A 92-year–old Montgomery County man who allegedly suffers from pulmonary asbestosis as a result of working with products containing the fiber years ago was one of two plaintiffs who filed mass tort asbestos claims in state court recently.

William J. Filandino and his wife, Edith, who reside in Bridgeport, Pa., filed a short-form complaint in the master asbestos docket at the Philadelphia Court of Common Pleas on March 21 against 15 defendants who deal in asbestos.

The Filandino complaint, filed by Philadelphia attorney Edward M. Nass, of the firm Howard, Brenner & Nass, says that on Feb. 14 of this year, William Filandino was diagnosed with pulmonary asbestosis, which causes pulmonary impairment and disability causally related to asbestos exposure and asbestos disease with symptoms, including but not limited to, shortness of breath.

The lawsuit alleges that Filandino was exposed to asbestos during portions of his employment with Nicolet Industries, during which he worked as a spray painter, shipper, dryer, and utility man.

He was also exposed to asbestos while performing home improvement work and vehicular maintenance work, the suit claims.

Filandino also worked other jobs during the course of his career, including stints as a laborer, saw cutter, and machinist.

He also served in the United States Marine Corp. from 1943 to 1945.

“Discovery and investigation is continuing as to whether the plaintiff was exposed to asbestos in any other occupational settings, or non-occupational settings,” the short-form complaint reads.

The defendants named in the Filandino complaint are as follows:

Asbestos Corp. Limited; Bell Asbestos Mines LTD; BNS Co.; Certain-Teed Corp.; DAP Inc.; The Drever Group; Foster Wheeler Corp.; Honeywell International Inc.; IPA Systems Inc.; Keeler/Dorr-Oliver Boiler Co.; Metropolitan Life Insurance Co.; Pep Boys; Union Carbide Corp.; and Weinstein Supply Co.

Another asbestos mass tort claim was filed on March 20, this one also in the asbestos mass tort program at Philadelphia’s Common Pleas Court.

The suit was filed by Philadelphia attorney Robert E. Paul, of the firm Paul, Reich & Myers, on behalf of Crystal Painter, of Shepherdstown, WV.

Painter is suing on behalf of her late husband, Timothy E. Painter, who, was in his early 50s when he was diagnosed with lung cancer in late April 2010, court papers state.

The lawsuit claims that the cancer was a direct result of Timothy Painter having been exposed to asbestos containing products while working as a trackman and machine operator for B&O Railroad and CSX Transportation in West Virginia from June 1979 to December 1990, and as a signal maintainer for CSX in Maryland from January 1991 to May 2010.

The lawsuit, which names CSX as a defendant, said that Timothy Painter might have also been exposed to asbestos at other worksites, although investigation is continuing.

Painter’s widow seeks more than $50,000 in damages, plus interest and $50,000 in punitive damages.

 

The Filandino case ID number is 130303091.

The Painter case ID number is 130302901.