By Noddy A. Fernandez | Aug 17, 2018

PINEVILLE – A coal miner alleges he has black lung because the respirators and/or dust masks he used failed to protect him from dust.

Roger Lester filed a complaint in Wyoming Circuit Court against 3M Co. formerly known as Minnesota Mining and Manufacturing Co.; Eastern States Mine Supply, et al. alleging strict tort liability, negligence and other counts.

According to the complaint, Roger Lester was exposed to coal, rock, or sand dust when working as a coal miner in Wyoming County. He alleges he has been diagnosed with coal workers' pneumoconiosis and/or silicosis because of a failure of the masks he wore to protect him from dust.

The suit states the defendants either manufactured or supplied the masks he used.

The plaintiff holds 3M Co., formerly known as Minnesota Mining and Manufacturing Co; Eastern States Mine Supply, et al. responsible because the defendants allegedly designed, manufactured,and distributed respirators/dust masks in such an unreasonably dangerous condition in that they were likely to cause harm to users when being used as intended.

The plaintiff requests a trial by jury and seeks judgment in an amount in excess of the court's jurisdictional minimum, pre- and post-judgment interest, attorney fees, costs and any other relief the court deems just and proper. He is represented by Scott S. Segal and Jason P. Foster of The Segal Law Firm in Charleston.

The case has been assigned to Circuit Judge Warren McGraw.

Wyoming Circuit Court case number 18-C-64

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The Segal Law Firm Wyoming Circuit Court

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