Family of Sago victim sues ICG CEO over distress

CHARLESTON - The family of a miner killed in last year's Sago Mine accident filed a suit against the CEO of the mine's parent company, claiming they suffered emotional distress.

The family of Thomas Anderson filed a suit June 7 in Kanawha Circuit Court against Bennett K. Hatfield, the chief executive of International Coal Group, the company that owns Sago Mine.

The suit, filed by attorney Paul M. Stroebel, is on behalf of Anderson's father, one sister and four brothers.

Anderson is one of 12 miners who died underground in the Sago Mine, after an explosion Jan. 2, 2006.

According to the suit, from Jan. 2 to Jan. 4, 2006, the family waited in the church located by the mine, where they were presented with false information about Anderson.

The suit also says Hatfield and ICG told the family false and misleading information, including the condition of Anderson and whether he was still alive.

The conduct of the defendants was "extreme, outrageous, beyond the bounds of decency, atrocious, and intolerable such that it was substantially certain that emotional distress would result," the suit says.

The family seeks compensatory and punitive damages. Wolf Run Mining Co., also known as Anker West Virginia Mining Co., is also named as a defendant. The case has been assigned to Judge James Stucky.

This is the second suit filed on behalf on Anderson's family. In November, a civil suit was filed on behalf of his estate and family. The suit also named ICG and Wolf Run as defendants, as well as Burrell Mining Products; Raleigh Mine and Industrial Supply; CSE Corp.; and GMS Mine Repair and Maintenance.

Kanawha Circuit Court case number 07-C-1110