MADISON – A West Virginia company is being sued for alleged coal dust encroaching upon a nearby family residence and failure to pay for goods purchased from another West Virginia company.

Nicky and Kevin Vaughn, individually and as parents and next friends of their minor children, A.M.V., A.M.V., and K.M.V., filed a lawsuit Aug. 11, in Boone Circuit Court, and Cole Truck Parts Inc. filed a lawsuit July 14 in Raleigh Circuit Court against WWMV of Charleston. The Vaughns also named Hanover Resources of Beckley in their complaint.

According to the first complaint, WWMV began mining operations near the plaintiffs' home in 2012 and shortly thereafter coal dust began to encroach upon the plaintiffs' property, ultimately leading to respiratory ailments in their three minor children, including asthma. The complaint states Hanover Resources owns all of the stock of defendant WWMV, and defendants are accused of negligence, nuisance, trespass, personal injury and violations of West Virginia Surface Mine and Reclamation Act.

According to the second complaint, WWMV purchased goods from Cole Truck Parts but failed to pay for them, owing a sum of more than $33,600. Cole is seeking the amount owed plus interest.

The Vaughns are being represented by attorneys Kevin W. Thompson and David R. Barney Jr. of Thompson Barney in Charleston.

Cole Truck Parts is represented by attorneys Jerry J. Cameron and W. Blake Belcher of Brewster, Morhous, Cameron, Caruth, Moore, Kersey & Stafford in Bluefield.

The cases have been assigned to circuit judges William Thompson and John Hutchison, respectively.
The case numbers are Boone Circuit Court Case No. 14-C-148 and Raleigh Circuit Court Case No. 14-C-696-H




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