Court Affirms Summary Judgment for Appalachian Power Co. in Worker’s Lung Injury Suit
January 8, 2014
DOCUMENTS
- Opinion
RICHMOND, Va. — The 4th Circuit Court of Appeals has affirmed summary judgment for Appalachian Power Co. in a suit alleging worker exposure to an endemic soil fungus, ruling that appellants failed to provide evidence that the company was aware of the alleged risks.
The Circuit Court’s Jan. 7 opinion also affirmed the lower court’s refusal to remand the case to state court for lack of complete diversity, finding sufficient evidence that APCO is an Ohio company, while plaintiffs are citizens of West Virginia.
Roger and Judy Hoschar alleged that Roger contracted histoplasmosis, an infectious lung disease, from exposure to …
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