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Kentucky coal miner alleges defective respirators caused his lung disease

State Court

By Marian Johns | Dec 13, 2019

Coal 03

WAYNE – A Kentucky man alleges the respirators he used while working as a coal miner in both Kentucky and West Virginia were defective and allowed dust to leak in, causing his lung disease. 

Ebb Preece and Tamara Preece filed a complaint in Wayne Circuit Court against Mine Safety Appliance Co. LLC, 3M Co., Kentucky Mine Supply Co., Marco Mine Supply Inc., Raleigh Mine and Industrial Supply Inc. and others alleging negligence and fraud. 

The suit states that Ebb Preece, who worked as a coal miner from the periods of 1990 to 1992, 1994 to 2002 and 2003 to 2015 for Mahon Enterprise, Pontiki Coal/Excel Mining and Rocksprings Development was diagnosed with complicated worker's pneumoconiosis. 

He alleges that the respirators manufactured and sold by the defendants allowed dust to leak through and cause his lung disease. Preece claims in his suit that the leakage was "submicron in size" and was "undetectable by the human senses" and the defendants failed to properly design their respirators.

The Preeces seek compensatory and punitive damages, a trial by jury, interest and all other just relief. He is represented by Victoria Herman of Wolf Williams & Reynolds in Mount Hope. 

Wayne County Circuit Court case number 19-c-135

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