INTERNATIONAL COAL NEWS

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

This article is 12 years old. Images might not display.

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:

Expert-led Insights reports built on robust data, rigorous analysis and expert commentary covering mining Exploration, Future Fleets, Automation and Digitalisation, and ESG.

Expert-led Insights reports built on robust data, rigorous analysis and expert commentary covering mining Exploration, Future Fleets, Automation and Digitalisation, and ESG.

editions

ESG Index 2025: Benchmarking the Future of Sustainable Mining

The ESG Index provides an in-depth evaluation of the ESG performance of 60+ of the world’s largest mining companies. It assesses companies across 10 weighted indicators within 6 essential ESG pillars.

editions

Automation and Digitalisation Insights 2025

Discover how mining companies and investors are adopting, deploying and evaluating new technologies.

editions

Mining IQ Exploration Insights 2025

Gain exclusive insights into the world of exploration in a comprehensive review of the top trending technologies, intercepts, discoveries and more.

editions

Future Fleets Insights 2025

Mining IQ Future Fleets Insights 2025 looks at how companies are using alternative energy sources to cut greenhouse gas emmissions