CIVIL FILINGS: Boone County
Harmon Marks May. 4, 2012, 2:00am
Ryan Knight vs. Spartan Mining Co. dba Mammoth Coal Co.; Massey Energy Co.; and Alpha Natural Resources Services, LLC
PA- Roger D. Forman; J- William S. Thompson
* Knight charges malicious termination and workers' compensation discrimination following his April 2010 injury while working at Mammoth's Alloy Powellton Mine. He says he was dropping off loads of coal at the feeder to the mine, turned his shuttle car at a corner and slammed into a continuous miner that was moved into his path. He received medical attention for neck and back injuries that had him off work four days and cleared for light duty. Knight claims Defendant posted no warnings when the miner was moved and created an unsafe working condition. Complaint seeks jury awards of back and front pay, personal injury and emotional distress damages, and punitive and exemplary damages. Case was filed in Boone, where defendants have business office.
Case number: 12-C-70
Danny R. Kirk and Patricia Mines vs. Xinergy of West Virginia, Inc.; JMP Coal Holdings, LLC; Raven Crest Mining, LLC; Raven Crest Contracting, LLC; Steven R. Mullins Excavating, Inc.; Virginia Explosives and Drilling Co., Inc; and Virginia Drilling Co., LLC
PA- G. Patrick Jacobs, John H. Skaggs; J- Thompson
* Complaint seeks jury determination of compensation for ill effects to couple's home and property at Costa caused by nearby blasting relative to mining coal, plus pre- and post-judgment interest, court costs and such further relief deemed proper.
Case number: 12-C-71
Gina Young, Administratrix of the Estate of Richard Young, Jr. vs. Apogee Coal Co. LLC, James Ray Browning and Patriot Coal, Inc.
PA- Timothy Conaway; J- Thompson
* Richard Young was employed one-year and one-half as a mechanic for Apogee. Wrongful death suit relates how he was killed May 14, 2011, at the Guyan Mine in Logan County after supervisor Browning directed him to do fuel tank maintenance on an end loader. It required removal of the counter weight to access the fuel tank, suit explains, a task Young had never done with that particular model. He was directly under the 11,685-pound counter weight, with no blocking in place, when, while removing some 14 of 16 connector bolts, the counter weight fell on him. Only one time during his entire career in coal mining had he removed a counterweight, complaint says, and charges defendants failed to properly train him. Suit demands jury judgment for all damages in an amount to adequately and fully compensate his estate, pre- and post-judgment interest, court costs, and such other relief deemed appropriate.
Case number: 12-C-76
Anthony Castle vs. Long Branch Development Co.
PA- Mark A. Atkinson, Peter A. Hendricks; J- Thompson
* Castle says he and other Long Branch employees "were required to work while balancing themselves on a drill pod of a roof bolter, in violation of federal and state law and safety regulations..." His personal injury suit says he suffered "severe, permanent and disabling injuries" when he slipped while on a roof bolter drill pod in the course of his work Aug. 31, 2010. Castle seeks jury judgment in an amount in excess of jurisdictional limits to compensate for his loss and injuries, litigation costs, pre- and post-judgment interest where applicable, and further relief deemed just and proper.
Case number: 12-C-81
Bobby W. and Vickie S. Dolin vs. Beneficial West Virginia, Inc.
PA- Daniel F. Hedges; J- Thompson
* Complaint says Foster couple was induced into a consolidation home secured loan of $69,402, more than double the home's actual value. Beneficial West Virginia is accused of predatory lending practices, with excessive fees and costs to unsophisticated consumers. Case will go before a jury charging "Unconscionable Contract ... Fraud ..." and "Illegal Loan ..." by Defendant, praying that loan and security be declared void, Plaintiff be awarded actual damages and such other relief deemed reasonable and just, and appropriate declaratory relief.
Case number: 12-C-90