CIVIL FILINGS: Boone County

By Harmon Marks | Mar 12, 2013

Feb. 14

Feb. 14
Milton and Darlene Kincaid vs. Mine Safety Appliances Co.; Persinger Supply Co.; Raleigh Mine and Industrial Supply, Inc.; and Eastern States Mine Supply Co.
PA- G. Todd Houck; J- William S. Thompson
* A coal miner for 35 years, Kincaid says the defendants manufactured, sold and distributed defective respirators that exposed him to harmful dust leading to advanced lung disease. His product liability suit includes wife Darlene's claim of loss of consortium. The suit says MSA respirators that were used leaked substantial amounts of harmful dust "undetectable by the human senses" and caused his black lung disease. Kincaid wants a jury to award compensatory damages, jointly and severally, punitive damages only from MSA, court costs, pre- and post-judgment interest and further relief to which Plaintiffs are entitled.
Case number: 13-C-31

Daniel and Donna Toler vs. Mine Safety Appliances Co.; Persinger Supply Co.; Raleigh Mine and Industrial Supply, Inc.; and Eastern States Mine Supply Co.
PA- G. Todd Houck; J- William S. Thompson
*Oceana resident Toler worked some 26 years in coal mines, saying he developed black lung disease caused by hidden defects with inadequate warnings in MSA respirators provided.
Case number: 13-C-32

Sammy and Wanda Mendez vs. Mine Safety Appliances Co.; Persinger Supply Co.; Raleigh Mine and Industrial Supply, Inc.; and Eastern States Mine Supply Co.
PA- G. Todd Houck; J- William S. Thompson
* Mendez alleges he developed black lung disease because of the defendants’ actions.
Case number: 13-C-33

Dreama Adkins vs. T & C Excavating, Inc. and President Jason Moore
PA- Harry M. Hatfield; J- William S. Thompson
* Adkins claims she stopped her car, preparing to make a left turn from W.Va. Route 85 onto Benjamin Price Bridge in Madison when she was struck from behind by Moore's pickup truck. Her personal injury suit says she suffered serious and permanent injuries from the alleged collision in October 2011 that totaled her vehicle. The complaint seeks jury judgment against Moore and his company for an amount in excess of jurisdictional limits, with compensatory, special and general damages, her court expenses, pre- and post-judgment interest, plus other proper relief.
Case number: 13-C-34

Feb. 15
Larry and Tomma Johnson vs. Mountain Edge Mining, Inc.
PA- William M. Tiano; J- William S. Thompson
* Bloomingrose couple wants a jury to determine adequate compensation awards for May 2011 injuries Larry Johnson allegedly suffered in Mountain Edge's Dorothy No. 3 Mine, when the drive shaft broke on a mantrip he was riding and the machine's brakes failed to work. The personal injury suit says Johnson "traveled approximately 200 feet backwards and hit the rib of the mine to get stopped." Wife Tomma has been deprived of consortium, the complaint contends. Couple asks for pre- and post-judgment interest and litigation expenses along with other general relief deemed applicable.
Case number: 13-C-36

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