MARKETS

Another miner files suit claiming faulty respirator

JUST weeks after a West Virginia miner filed a lawsuit in a West Virginia circuit court arguing t...

Donna Schmidt
Another miner files suit claiming faulty respirator

According to state legal journal the West Virginia Record, Terry and Sherry Peterson filed documents October 8 in the Circuit Court of Logan County, naming Mine Safety Appliances as well as Persinger Supply, Raleigh Mine and Industrial Supply and Eastern States Mine Supply as defendants.

The miner cited strict liability, negligence and loss of consortium in his suit, arguing that he used respirators from the group during his mining tenure between 1974 and 2013.

Specifically, Peterson said the defendants’ respirators leaked substantial amounts of harmful dust, causing him to develop black lung disease.

The plaintiffs, the Record added, also have contended that the defendants did not warn of defective respirators and were negligent in the units’ design and manufacturing.

Peterson is seeking an undetermined amount of relief, including punitive damages against Mine Safety Appliances, in the suit.

The pair are being represented by G Todd Houck in Case 13-C-261.

The lawsuit is nearly identical to an August 16 filing in the same courthouse by Willard Conley.

Conley argued in his documentation that none of the companies posted warnings that the respirator units had a defective filter that allowed for the inhalation of substantial coal dust.

He is suing for an undetermined amount, including compensatory and punitive damages.

Conley is also being represented by G Todd Houck in the case, known formally as 13-C-211.

TOPICS:

A growing series of reports, each focused on a key discussion point for the mining sector, brought to you by the Mining Monthly Intelligence team.

A growing series of reports, each focused on a key discussion point for the mining sector, brought to you by the Mining Monthly Intelligence team.

editions

ESG Mining Company Index: Benchmarking the Future of Sustainable Mining

The ESG Mining Company Index report provides an in-depth evaluation of ESG performance of 61 of the world's largest mining companies. Using a robust framework, it assesses each company across 9 meticulously weighted indicators within 6 essential pillars.

editions

Mining Magazine Intelligence Exploration Report 2024 (feat. Opaxe data)

A comprehensive review of exploration trends and technologies, highlighting the best intercepts and discoveries and the latest initial resource estimates.

editions

Mining Magazine Intelligence Future Fleets Report 2024

The report paints a picture of the equipment landscape and includes detailed profiles of mines that are employing these fleets

editions

Mining Magazine Intelligence Digitalisation Report 2023

An in-depth review of operations that use digitalisation technology to drive improvements across all areas of mining production