Jury rejects coal dust group's medical monitoring claim
Jessica M. Karmasek Apr. 19, 2011, 7:21am
CHARLESTON -- A West Virginia jury last month rejected a claim for medical monitoring by a group of plaintiffs who alleged they were exposed to toxic coal dust from a nearby Massey Energy Co. processing plant and silo.
According to the Beckley Register-Herald, a Raleigh County Circuit Court jury found on March 25 -- after a two-week trial -- that students at Marsh Fork Elementary School were not exposed to a hazardous amount of dust from the silo, which sits less than 300 feet from the school.
The suit, filed on behalf of Woodrow and Elva Dillon and their two children, accused the coal giant and subsidiaries Goals Coal Co., AT Massey Coal Co. and Massey Coal Services Inc. of negligence and "creating a public nuisance."
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