Jury finds Massey subsidiary liable in coal dust case

By MARTHA BRYSON HODEL
Associated Press Writer

MADISON, W.Va. (AP) -- A jury on Friday ordered a Massey Energy subsidiary to pay residents of a coalfield town about $1 million in economic damages caused by coal dust falling on nearby houses, vehicles and other property. However, jurors did not award any punitive damages.

The six-person jury deliberated about 181/2 hours over three days before delivering its decision against Elk Run Coal Co. in Boone County Circuit Court.

The verdict came in a lawsuit filed by more than 150 residents of Sylvester who claimed Elk Run's operation, located no more than 750 feet from some of their homes, has destroyed property values, making it impossible for them to sell their homes and move.

Residents had submitted 110 individual damage claims seeking total economic damages of at least $3 million. Jurors awarded a total of about $1 million, said plaintiffs' attorney Brian Glasser.

One plaintiff, Mary Miller, said Sylvester residents have been "prisoners in our homes'' because of coal dust falling from Elk Run's operations.

"I don't want money. My goal is to stop the coal dust so we can live our lives again,'' Miller said.

Jurors found that Elk Run had created a nuisance and had negligently harmed the plaintiffs. The jury also determined that Elk Run had failed to comply with federal and state surface mining laws by failing to control air pollution or failing to protect offsite areas from damage from its operations.

However, jurors declined to award punitive damages, saying Elk Run did not act with intentional or reckless disregard.

Jurors also answered an advisory question that gives Boone County Circuit Judge Lee Schlaegel the authority to place Elk Run's operation under the court's supervision. Jurors said "yes'' when asked if Elk Run is creating a nuisance that is causing damage to any of the plaintiffs.

It will be up to Schlaegel to decide whether to order court supervision of Elk Run's operation.

The trial started in October and jury deliberations began Wednesday.

Because the jury found that Elk Run had violated the federal Surfacing Mining Act, residents will ask the court to order the company to pay an estimated $2 million in legal fees and costs associated with bringing the case to trial, Glasser said.

He said residents also will ask Schlaegel to require Elk Run to implement a dust control plan the company outlined during the trial. A hearing on the company's dust control requirements could be held within two weeks.

That plan would include covering coal conveyor belts and truck and rail loading points. The number of trucks hauling coal into the plant would drop from 35,000 to 7,000 a year. Residents also want the judge to order that the trucks carry no more than 80,000 pounds, the legal weight limit on most state roads.

"If it's good enough for court, it's good enough for them to follow,'' said Glasser, whose firm has been working on the case for five years.

After the verdict, Glasser told about 50 plaintiffs: "This will provide some insurance that you won't have to put up with this in the future.''

Another plaintiff, Pauline Canterberry, said she was happy with the verdict but feared residents would have to continue to police Elk Run.

"I wish I can say no to that question, but they are people you just can't talk to, and they have been from day one,'' Canterberry said.

Massey Energy spokesman Jeff Gillenwater said he had not seen the verdict and could not comment.

Sylvester residents in the audience applauded the verdict as the jurors were excused.

Jury finds Massey subsidiary liable in coal dust case

February 07, 2003 5:42 PM

Madison
A West Virginia jury has found a Massey Energy subsidiary liable for economic damages resulting from the spreading of coal dust onto nearby houses, vehicles and other property.

But the Elk Run Coal Company is NOT being ordered to pay punitive damages.

The six-person jury deliberated for more than 18 hours over a three day period in the case -- which pitted about 150 residents of Sylvester against Elk Run Coal.

The residents said dust from Elk Run's operations has destroyed property values and made it impossible for them to sell their homes and move.