Saturday, March 26, 2011
EKB Capsule News...West Virginia...3-27-'11
- Raleigh Circuit Court jurors in Beckley have sided with Virginia-based Massey Energy and a subsidiary, Goals Coal Co. in a suit claiming a Massey Energy coal-loading silo built 235 feet from Marsh Fork Elementary near Sundial in Raleigh County exposed hundreds of children to possible health problems, such as asthma and other lung ailments. The class-action lawsuit, which began five years ago claimed Massey and Goals Coal had created a public nuisance and demanded a court-administered medical monitoring program. To win medical monitoring in West Virginia, plaintiffs must prove they have suffered significant exposure to a proven hazard and that the exposure increases their risk of developing serious latent diseases. The plaintiffs' attorney, Kevin Thompson, said he was disappointed in the verdict and would continue to fight the coal company on other fronts.
- M. Blane Michael, Circuit Judge on the U.S. Court of Appeals for the Fourth Circuit has passed away. Michael, who grew up in Grant County, served as special counsel to Jay Rockefeller during his first term as Governor of West Virginia. Michael was later nominated by President Bill Clinton and confirmed as a judge for U.S. Court of Appeals for the Fourth Circuit in Richmond, with jurisdiction over federal courts in West Virginia.
- Jack Rolfe Jr., 18, of Ona, turned himself in Friday after he allegedly was seen outside the Cabell County Vocational School Thursday waving a handgun from a car. Officers say his ex-girlfriend, who attended the school, had ended their relationship. Rolfe was charged with brandishing, terroristic threats and wanton endangerment. He was lodged in the Western Regional Jail on a $15,000 bond.
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