Mine worker sues over injury

MOUNDSVILLE - A Boone County man injured in a fall in a Marshall County mine is suing his employer.

Edward Jeffery filed the lawsuit April 10 in Marshall County and lists McElroy Coal Company of Delaware and Industrial Contracting of Fairmont as defendants.

He is represented by Harry Hatfield of Madison law firm Hatfield and Hatfield.

Jeffery says he was working as an hourly laborer and welder June 24, 2004, at a mine owned by McElroy, where he was waking along a trolley entry with a heavy oxygen tank on his shoulder.

While walking on the tracks, he noticed the oncoming lights of a cart and quickly attempted to reach the safety of a cross-cut, but "his traveling was impeded by excessive gob or other material which had accumulated in the narrow and restricted pedestrian travel way and walkway, and caused him to fall, and thereby sustain serious personal injury in the resulting fall."

He charges McElroy with negligence and Industrial with deliberate intent.

He is suing for medical expenses, pain and suffering, loss of income, impairment of earning capacity, loss of enjoyment of life, embarrassment, permanent disfigurement and scarring and permanent disability.

Marshall Circuit Court case number 06-C-92