West Virginia Record

Friday, July 19, 2019

Coal company sued over avalanche

By John O'Brien | Jun 22, 2006

CHARLESTON - A Fayette County man says he was injured by falling rocks while working at a coal mining site.

Thomas L. Grubb filed a lawsuit June 12 in Kanawha Circuit Court against Fola Coal Co., alleging his severe injuries are the result of its negligence.

On July 15, 2004, Grubb alleges he was "injured after being struck by falling rocks from a high wall at a mine site in Clay County."

Fola is a Virginia corporation that won the Barton B. Lay Milestones of Safety Award for 2004, the top safety honor at the Mountaineer Guardian Safety Awards, for its Peach Orchard Prep Plant in Clay County.

Grubb says, as a result of his accident, he suffered injuries to the right side of his pelvis, right buttocks, right leg and ankle and lower back down to his right foot, as well as urological damage, damage to his cervical spine necessitating a metal plate in his neck, a hip replacement and permanent nerve damage.

His wife Debra claims she has suffered a loss of his services, support and society.

Thomas Grubb says Fola had a knowledge of the unsafe working condition and exposed him to it anyway. He says he has lost the ability to work as a result.

Anthony J. Majestro of Charleston's Powell and Majestro law firm is representing the plaintiffs, who seek compensatory damages.

Judge Irene Berger has been assigned the case.

Kanawha Circuit Court case number 06-C-1119

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