WHEELING – A Clarksburg man is suing McElroy Coal Company after he claims it subjected him to an unsafe workplace.
Consol Energy Inc. was also named as a defendant in the suit.
Ronald Miller was employed as a head-gate operator at the McElroy Mine, according to a complaint filed June 9 in the U.S. District Court for the Northern District of West Virginia.
Miller claims on Sept. 27, 2013, the McElroy Mine encountered severe adverse roof and rib conditions, including numerous roof collapses/cave-ins at the 7B Longwall Headgate.
The roof collapses/cave-ins caused the loss of conventional and supplemental roof support and the geographical area comprising the McElroy underground mine presented severely adverse mining conditions, according to the suit.
Miller claims mine management knew of the severe adverse conditions, but chose not to employ the necessary conventional and supplemental roof and rib support and/or take other necessary measures to control the hazardous roof and rib conditions.
While Miller was working at the mine, a roof collapse/cave-in occurred and caused the material to fall onto his body and cause him to suffer numerous back injuries, according to the suit.
Miller claims he suffered extreme physical pain and suffering; extreme 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; medical expenses; annoyance and inconvenience; and permanent scarring and disfigurement.
The defendants violated West Virginia code by allowing the unsafe working condition to exist, according to the suit.
Miller claims the defendants were negligent and careless in failing to provide him and other employees with a safe workplace.
Miller is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Brett J. Preston and Dan R. Snuffer of Preston & Salango PLLC.
U.S. District Court for the Northern District of West Virginia case number: 5:15-cv-00070