Couple sues Patriot Coal, Speed Mining after work injury

CHARLESTON -- A man and his wife are suing Patriot Coal Corporation and Speed Mining after he was injured at work.

Patrick Clendenin worked as an underground mine laborer for Newhall Contracting Inc. at the American Eagle Mine, which is owned by Patriot Coal and Speed Mining, according to a complaint filed Nov. 13 in Kanawha Circuit Court.

On Nov. 19, 2007, Clendenin claims he was ordered by his supervisor to shovel coal spillage from underneath a beltline to another worker, who, in turn, would shovel the coal spillage back into the beltline.

Clendenin claims he advised his supervisor that the weight of the coal was too heavy for the beltline and suggested the belt be turned on in order to dump some coal from the beltline before shoveling more coal back onto it.

According to the suit, he beltline and structure collapsed and fell on top of Clendenin, causing severe injuries to his neck and back and loss of consciousness, among other injuries.
Clendenin claims he endured medical procedures, medications and other medical expenses, lost wages and loss of enjoyment of life. His wife, Pamela Clendenin claims she has suffered a loss of her husband's affection and kindly services.

The Clendenins are suing for punitive and compensatory damages for medical expenses; pain and suffering; economic loss; lost wages; loss of the ability to enjoy life; emotional distress and mental anguish; annoyance and inconvenience; and scarring and disfigurement. Brian L. Ooten and Jamie F. Little of Shaffer & Shaffer are representing them

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

Kanawha Circuit Court case number: 09-C-2122