Plaintiff Failed to Definitively Connect Defendant to Claims, Motion to Dismiss States

CHARLESTON, W.Va. -- A welder's organization named as a defendant in a pending West Virginia welding rod fume exposure case has moved to dismiss the complaint, arguing that it fails to state a connection between the group and the plaintiff's alleged exposure. Skiles v. Lincoln Electric Co., et al., No. 03-C-2299 (W.Va. Cir. Ct., Kanawha Cty.).

In a motion filed Feb. 9 in Kanawha County Circuit Court, American Welding Society, Inc., argues that the plaintiff did not, and could not, allege that the American Welding Society, Inc., sold or manufactured any product that contributed to his alleged injury. Nor can …