Jurors Reject Lawsuit Over Coal Dust at West Virginia School

Jurors have rejected claims that a Massey Energy coal-loading silo built near a southern West Virginia elementary school exposed hundreds of children to possible health problems.

The five year old class-action lawsuit claimed that Virginia-based Massey and a subsidiary, Goals Coal Co., created a public nuisance by building the silo 235 feet from the school. The plaintiffs argued the dust created while the trains pulled up to the silo to fill their cars put children at risk for asthma and other lung ailments.

Raleigh County Circuit Court jurors disagreed, rejecting plaintiffs’ claims after a nine-day trial in Beckley.