LOGAN – A Kentucky coal miner and his wife are seeking damages over allegations of injuries caused by dust-generating equipment.
Peyton Michael Mitchell and Melissa Mitchell filed a complaint on Jan. 10 in the Logan Circuit Court against Komatsu Mining Corp., et al. alleging strict liability.
According to the complaint, the plaintiffs allege that during Peyton Mitchell's coal mining career from 1992 to 2016, he was wrongfully exposed to harmful amounts of silica dust, which caused him to develop disabling silicosis. He alleges the dust collection systems in the defendants' products did not efficiently capture harmful coal and silica particles, exposing him to substantial amounts of lung-damaging dust.
He alleges he was caused to suffer medical expenses, emotional distress, loss of wages and loss of ability to enjoy life.
The plaintiffs hold Komatsu Mining Corp., et al. responsible because the defendants allegedly failed to provide warning about the hidden dangers in their dust collection systems.
The plaintiffs request a trial by jury and seek compensatory and punitive damages, costs of court, pre- and post-judgment interest and such other just and proper relief. They are represented by Eric J. Jacobi of Kenealy & Jacobi PLLC in Louisville, Kentucky; G. Todd Houck in Mullens; and Louis L. Plotkin and Mark E. Jaffe of Plotkin Vincent & Jaffe LLC in Metairie, Louisiana. The case has been assigned by Circuit Judge Eric H. O'Briant.
Logan Circuit Court Case number 17-C-09