CHARLESTON — A coal miner is suing Mine Safety Appliances Company because he contracted Black Lung disease.
Eastern States Mine Supply Company and RMIS Corporation were also named as defendants in the suit.
Steven Burford suffers from Coal Workers' Pneumoconiosis, which is commonly referred to as "Black Lung" after working as a coal miner and being exposed to coal, rock and sand dust, according to a complaint filed in Kanawha Circuit Court.
Burford claims the defendants' manufactured, marketed and sold defective dust masks, including the MSA Dustfoe series respirators, which contributed to Burford's exposure to coal, rock or sand dust.
"As respirator/dust mask manufacturers, distributors, sellers and suppliers, the manufacture defendant and supply defendants knew or reasonably should have known at the time that each respirator/dust mask was placed in the stream of commerce that said respirators/dust masks were defective and unreasonably dangerous when used in a coal mine," the complaint states.
Burford claims certain types of dust respirators were difficult, if not impossible, to effectively fit test or fit check to ensure a good seal when the respirator was put on by the wearer.
The dust masks leaked substantial amounts of undetectable, harmful dest into breathing zones and exposed wearers to particles that caused or contributed to lung diseases and injuries, according to the suit.
Burford is seeking compensatory damages. He is represented by Samuel B. Petsonk of Petsonk PLLC in Beckley.
In its answer to co-defendant RMIS's crossclaim, Mine Safety Appliances Company argues that the crossclaim fails to state a claim against it.
"If Plaintiff sustained any injuries or damages in the Complaint, all of which MSA LLC specifically denies, then such injuries and damages were caused or contributed by reason of the negligence of the plaintiff and/or the negligence of the other named defendants sich that RMIS's cross-claim must fail," the answer states.
MSA had no control over any alleged harmful substances to which Plaintiff was exposed, according to the answer.
MSA is represented by Benjamin Bailey, Eric Snyder, Nicholas Johnson, John Budig and Sallie Gilbert of Bailey & Glasser in Charleston.
The case is assigned to Circuit Judge Kenneth Ballard.
Kanawha Circuit Court case number: 23-C-598
