Ky. Appellate Court Affirms Order Denying Class Certification in Coal Dust Exposure Suit

LOUISVILLE, Ky. –– A Kentucky appellate court has affirmed a lower court order denying class certification in a coal dust exposure lawsuit, agreeing with the finding that the plaintiffs had not proven that they could adequately represent the interests of the proposed class.

In the Dec. 11 opinion, the Kentucky Court of Appeals concluded that it was “simply unable to conclude the circuit court’s reasoning strayed from the parameters of the requirement for class certification per CR 23.01(d).”

Plaintiffs Kathy Little, Debra Walker, Greg Walker, and Richard Evans filed the underlying claims on behalf of themselves, and all others similarly …