Silica Claims Against Equipment Manufacturer Not Preempted, Court Rules

CHARLESTON, W.Va. - A state high court has ruled that silicosis claims against manufacturers of equipment that is designed to prevent exposure to silica dust in coal mines are not preempted by the federal Mine Safety and Health Act. Davis v. Eagle Coal and Dock Co., et al., No. 33054 (W.Va. Sup. Ct. App.).

West Virginia's Supreme Court of Appeals issued the decision Dec. 4, answering two certified questions concerning the viability of coal workers' state law negligence and product liability claims pending against a manufacturer of roof bolting equipment.

The manufacturer, J.H. Fletcher & Co., had argued that the …