Former employee sues Coal River Mining for work-related injury

By Kyla Asbury | Nov 24, 2009

CHARLESTON -- A former employee is suing Coal River Mining after a work-related injury.

Joey Dingess worked for Coal River Mining as a roof bolding machine operator and was injured in the Fork Creek No. 1 Mine on Dec. 14, 2007, according to a complaint filed Nov. 4 in Kanawha Circuit Court.

Dingess claims the area near a set of airlock doors was not maintained in a safe condition and he and other workers were required to exit the personnel carrier and manually open and hold the airlock doors in order for man-trips to go in and out of the mine.

While manually opening the airlock doors, Dingess tripped over a block and fell, which caused him to be crushed between the man-trip and the damaged airlock door.

Dingess claims he suffered severe and permanent injuries, including multiple fractures to his right hand, ankle and foot; physical pain and suffering; mental anguish and suffering; permanent physical impairment; loss of wages and benefits; loss of future earning capacity and benefits; loss of capacity to enjoy life; past and future medical expenses; and annoyance and inconvenience.

Dingess is suing for damages in an amount to be determined by a jury for deliberate intent. L. Lee Javins II and D. Blake Carter Jr. of Bucci Bailey & Javins are representing him.

The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 09-C-2070

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