PINEVILLE - A Ravencliff couple are suing over claims Bluestone Coal wrongfully and intentionally altered dust samples to meet regulatory standards, causing serious injury.
Brett and Shannan Duncan filed a lawsuit against Bluestone Coal Corp., JMAC Leasing Inc. and John Doe entities, citing deliberate intent, malice, tort of outrage and loss of consortium.
The plaintiffs say Brett Duncan worked in the surface coal mining industry from 1998 until 2012 and was employed at various times by the defendants. The complaint contends that the defendants altered the sampling data in order to order to meet regulatory respirable dust standards.
As a result of this, Brett Duncan was exposed to silica and coal dust, causing complicated pneumoconiosis, according to the complaint.
The Duncans seek an undisclosed amount in damages. They are represented by Timothy C. Bailey of the Charleston law firm Bucci, Bailey & Javins LC and Mt. Pleasant law firm Richardson, Patrick, Westbrook & Brickman LLC, pending pro hac vice admission.
Wyoming County Circuit Court Case No. 13-C-36