Testimony in a class action lawsuit to determine if students who attend Marsh Fork Elementary School should be medically monitor for latent ailments caused by exposure to coal dust resumed Monday in Raleigh County Circuit Court.
The defense addressed the plaintiffs’ claim of “misinformation” about Massey Energy’s boundary lines for a coal silo that is near the school.
Out of the presence of the jury, defense attorney, Jon Anderson made a motion for curative instruction saying that the property of Goals Coal has been undisputed since the 1980s. Anderson said that at that time, the incidental boundary revision report asked whether bonded property would be within 300 feet of a public school and that box was checked yes.
Where the confusion comes in, Anderson continued, is that IBR No. 8 is not referencing the silo. Instead, he says, the revision is addressing the added and deleted properties. The added acreage is by the prep plant and is more than 300 feet away from the school.
To find out more, read Tuesday's edition of The Register-Herald.