Joseph Toth vs. Apollo Mining Services Inc., Spartan Mining Co., Massey Coal Services Inc., individually and as parent company of Elk Run Coal Co. Inc. and Massey Energy Co.
PA-J. Zackary Zatezalo; J-Thompson
* Toth, who lives in McMechen in Marshall County, was employed by Apollo in June 2006 as an underground coal miner at Ruby Energy. On Oct. 9, 2006, on the midnight shift, Toth was "instructed to install a fire supression system at Number 2C belt head, a task for which he was neither trained nor supervised." He was instructed "to attach a deluge hose to a 2-inch water pipe" which was part of the main underground water supply line. He was knocked backward and unconscious when a valve blew off the pipe. His head hit the wall behind him. He sustained severe injuries, according to the complaint. Toth says he was "disabled and damaged." He claims unsafe working conditions existed when he worked with Apollo presenting "a high degree of risk and a strong probability of serious injury or death." He seeks compensatory and punitive damages as well as post-judgment interest.
Case number: 08-C-60