Madison - St. Clair Record

Wednesday, August 21, 2019

Couple claims noisy mine blower fans make their home unfit for occupation

By Michael Abella | Dec 23, 2016


EAST ST. LOUIS — A Thompsonville couple is suing Murray Energy Corporation and The American Coal Company alleging that they negligently installed and operated mine blower fans in a populated area which has caused excessive noise.

Richard Guye and Vicki Guye filed a complaint on Dec. 20 in the U.S. District Court for the Southern District of Illinois against the defendants on grounds of invasion of interest.

According to the complaint, the plaintiffs allege that as a result of the defendants' continued operation of the air shaft, the plaintiffs sustained substantial noise damage. 

Thompsonville is located in Williamson County.

The Guyes say that noise contaminates their entire home, which renders it unfit for occupation, and they have suffered loss of sleep, communication, anxiety, annoyance and discomfort.

They allege Murray Energy Corporation and The American Coal Company installed and operated the air shaft intake/exhaust fans continuously and failed to take any measures to lessen the noise that resulted from their operation.

The plaintiffs request a trial by jury and seek compensation in excess of $50,000, a decree temporarily and permanently enjoining the defendants from operating the subject air shaft fans and costs of the action. 

They are represented by Adam B, Lawler, David W. Lawler, Nick Brown and Joshua Shirley of Lawler Brown Law Firm in Marion.

U.S. District Court for the Southern District of Illinois case number 3:16-cv-01370

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