Couple Sues Rockspring Over Work Injury
Alex Spaulding and his wife, Judy Spaulding, are suing Rockspring Development Inc. for the development of a lung injury. Alpha Appalachia Services Inc. and Maxxim Shared Services are also defendants named in the lawsuit. The couple file the complaint in Wyoming Circuit Court on March 18, 2015.
The complaint filed states that Alex Spaulding was employed by Rockspring from 1996 to May 13, 2013. Spaulding claims during his employment he worked in the underground mining industry. Rockspring Development Inc. was required under federal and state mining laws and industry safety standards to produce coal in a manner consistent with the Mandatory Health Standards for Underground Coal Mines (MSHA).
Spaulding was diagnosed with a complicated pneumoconosis as a result of being exposed to silica and coal dust. The lawsuit states, that with proper workplace protections, he should not have been exposed to the silica and coal dust, making his lung disease 100 percent preventable. The defendants had a duty to provide a safe work place as his employer as required under federal, state, and industry workplace safety regulations and practices.
Spaulding claims the defendants failed to warn Spaulding of the risks and health effects of working with or around coal and silica dust, as well as claiming the defendants had knowledge of the existence of the specific unsafe working condition and high degree risk or strong probability of serious injury or death presented by these unsafe working conditions.
Judy Spaulding claims Rockspring’s negligence caused her to suffer mental anguish because of her husband’s injuries. The Spaulding’s are seeking compensatory and punitive damages with pre- and post-judgement interest.
The Wyoming Circuit Court Case number: 15-C-52. The Spauldings are being represented by Timothy C. Bailey and J. Ryan Stewart of Bucci, Bailey & Javins LC; and Gregory A. Lofstead of Richardson, Patrick, Westbrook & Brickman LLC.
Sources:
https://wvrecord.com/news/273510-couple-sues-rockspring-for-lung-injury