Consol seeks removal of wrongful death suit

WILLIAMSON -- Consol of Kentucky Inc. is seeking a removal to the United States District Court for the Southern District of West Virginia after a Kentucky woman filed a wrongful death suit against it.

Cerena Reynolds of Pikeville filed her suit with the help of Bert Ketchum and Christine Harris of the Huntington firm of Greene, Ketchum, Bailey & Tweel on June 11, 2008. Reynolds filed the suit after her husband, Brent, a Consol employee, was killed at Consol's Bronzite mine in Williamson on Sept. 3, 2007, after an unsecured mine roof portion collapsed on him.

Reynolds alleges that Consol consistently and knowingly maintained poor and unsafe work conditions, but did nothing to fix them, and that these conditions led to her husband's untimely death. Brent was 35 years old. Reynolds was seeking a trial by jury to award damages for sorrow; mental anguish; solace; loss of Brent's income, his future earnings, services, protection, care, assistance, and consortium; medical, funeral, and litigation expenses; and interest.

Filed on June 25, Consol's suit states that it seeking the removal because of the diversity of citizenship and the amount in question.

Filed by Steven McGowan of the Charleston office of Steptoe & Johnson, the suit states that because Brent was 35 when he died, his lifetime earning potential is very significant. In an attached affidavit, Brent's employer claims he would have earned just over $75,000 this year alone. For these reasons, it is requesting a removal to federal court.