West Virginia Record

Thursday, November 21, 2019

Coal miner sues Caterpillar, other mining equipment manufacturers over pneumoconiosis diagnosis

State Court

By Marian Johns | Nov 4, 2019

Coal 07

PINEVILLE – A former West Virginia Part 90 coal miner is suing Caterpillar, two mining companies and other equipment manufacturers claiming they are liable for his pneumoconiosis diagnosis. 

Plaintiffs Larry and Tonya Presley filed suit in Wyoming Circuit Court against the defendants Joy Global Underground Mining LLC, Sandvik Mining and Construction USA LLC, Caterpillar Global Mining LLC, Caterpillar Global Mining America LLC and J.H. Fletcher & Co. claiming strict liability.

The plaintiffs allege that Larry Presley, who began work as a coal miner in 1994 and was diagnosed with pneumoconiosis two years ago, was exposed to harmful coal dust from the Eimco mining equipment product lines and roof bolting machines he operated. 

"....the strict liability of the defendants caused plaintiff to be repeatedly and substantially exposed to substantial amounts of harmful coal mine dust, including silica, which in turn caused him to develop advanced coal worker's pneumoconiosis" the plaintiffs' complaint states. 

The plaintiffs seek compensatory and punitive damages, pre- and post-judgment interest and litigation costs. They are represented by G. Todd Houck of Mullens and Eric Jacobi of Kenealy & Jacobi PLLC in Louisville, Kentucky.

The case has been assigned to Circuit Judge Warren McGraw.

Wyoming Circuit Court case number 19-C-86

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