MARTINSBURG – A lawsuit against Mine Safety Appliance Co. was removed to federal court for jurisdictional diversity.
American Optical Corp.; Cabot CSC LLC, formerly known as Cabot Safety Corp.; Aearo Technologies LLC; Moldex-Metric Inc.; Garrett Mine Supply; United Central Industrial Supply Co.; Central Supply; and John Does 1 through 10 were all named as defendants in the lawsuit.
United Central filed the notice of removal from Mineral Circuit Court, arguing U.S. District Court for the Northern District of West Virginia has diversity jurisdiction over the lawsuit.
"With the exception of fraudulently joined and/or nominal parties, the dispute is between citizens of different states," the notice of removal states. "Furthermore, the amount in controversy exceeds the sum or value of $75,000, exclusive of interest and costs."
John N. Teets and Debra Teets allege that John Teets worked as a coal miner from 1974 until 2014. The Teetses claim that the respirators that John Teets used during his employment were defective. The respirators allegedly allowed dust to leak through that was undetectable by the human senses, but caused harm to John Teets, according to the suit.
The Teetses claim because of the defective respirators, John Teets developed pneumoconiosis.
"Defendants are strictly liable in tort to the plaintiff because they sold and distributed defective products; namely the defendants' respirators used by plaintiff," the complaint states.
The plaintiffs allege they sustained substantial damages as a result of the defective respirators, including John Teets' lung injury and loss of enjoyment of life, lost wages and emotional distress.
The plaintiffs are seeking compensatory and punitive damages with pre- and post-judgment interest. They are represented by Victoria Herman and Joseph E. Wolfe of Wolfe Williams & Reynolds and Johnny Givens of Givens Law Firm.
United Central is represented by James J.A. Mulhall and J. Greg Goodykoontz of Steptoe & Johnson.
U.S. District Court for the Northern District of West Virginia case number: 3:19-cv-00195