Hoschar v. Appalachian Power Co.

Plaintiffs, Mr. and Mrs. Hoschar, filed suit in West Virginia state court against APCO and ICI, seeking damages for an infectious lung disease called histoplasmosis that Mr. Hoschar allegedly contracted while working as a boilermaker at one of APCO's coal-fired power plants. On appeal, plaintiffs challenged the district court's denial of their motion to remand the case to state court and the district court's grant of APCO's motion for summary judgment in favor of APCO. The court concluded that APCO has carried its burden of establishing federal subject matter jurisdiction because the record amply demonstrated that the location where APCO's officers direct, control, and coordinate APCO's activities was Columbus, Ohio. The court held that APCO did not have actual or constructive knowledge of a potential histoplasmosis risk, and therefore, APCO did not owe Mr. Hoschar a duty to guard against it. Accordingly, the court affirmed the district court's grant of summary judgment in favor of APCO. View "Hoschar v. Appalachian Power Co." on Justia Law