Wayne Co. miner says he was injured by defective drill

HUNTINGTON -- Several companies face a lawsuit after a miner was injured by allegedly defective equipment.

Andrew Scott filed suit June 25 in Cabell Circuit Court against Rockspring Development Inc., J.H. Fletcher and Co., Alpha Natural Resources Inc. and Midwestern Machine and Hydraulics Inc.

According to the complaint, on June 26, 2012, Scott was working for Rockspring and was seriously injured when a steel drill broke and struck him in the face. The roof bolter that broke was assembled and manufactured by defendant Fletcher and was rebuilt by defendant Midwestern Machine on Aug. 29, 2011, the suit states.

The incident occurred while Scott was operating the roof bolter drill in an underground mine owned by defendant Alpha, according to the filing.

As a result of the incident, the plaintiff suffered extreme physical pain, extreme mental anguish, permanent physical impairment, lost wages and benefits, loss of future earning capacity, medical expenses and permanent scarring and disfigurement.

The defendants are accused of failing to provide notice to employees about the defective condition of the equipment, failing to protect control levers against unintentional activation, improperly designing the equipment, failing to provide a roof bolter suitable for use, selling and distributing a product that lacked reasonable safety features, selling and distributing a product that was unreasonably dangerous and failing to monitor the safety of workers.

Scott is seeking compensatory damages in an amount to be determined by the court, punitive damages, costs and fees.

He is represented by Huntington attorney Chad Hatcher of Hatcher Law Office. The case has been assigned to Circuit Judge Christopher D. Chiles.

Cabell Circuit Court Case No. 14-C-436.