Nephews of Sago victim file suit over distress

CHARLESTON - Family members of a miner who died in the Sago Mine accident in 2006 have filed a third suit against the mine company, seeking damages for distress.

Four nephews of Thomas Anderson filed a suit Jan. 2 in Kanawha Circuit Court against Bennett K. Hatfield, International Coal Group Inc. and Wolf Run Mining Company.

Adam and Aaron Anderson, represented by their father Richard Ray Anderson, and David and Michael Anderson, represented by their father Jeffrey Allen, claim they were provided with false and misleading information from Jan. 2, 2006 to Jan. 4, 2006.

Thomas Anderson is one of 12 miners who died in the Sago Mine in 2006. This is the third suit filed by his family. The first suit was filed in November 2006 on behalf of his estate and family. Anderson's father and several siblings filed a second suit in June, seeking compensatory and punitive damages for the distress they suffered.

Anderson's nephews claim representatives of ICG and Wolf Run Mining conducted themselves in ways that were extreme, outrageous, beyond the bounds of decency, atrocious and intolerable.

They also claim they suffered emotional distress, annoyance, inconvenience, medical bills and psychological treatment. They seek compensatory and punitive damages.

Attorney Paul M. Stroebel is representing the Anderson family. The case has been assigned to Judge Irene Berger.

Kanawha Circuit Court case number 08-C-4