CIVIL FILINGS: Boone County

by Harmon Marks |
Jun. 4, 2010, 2:00am

May 6
Golden & Margaret Stapleton vs. Massey Energy Co.; A.T. Massey Coal Co., Inc.; Elk Run Coal Co., Inc.; Black Castle Mining Co.; Independence Coal Co.; and Omar Mining Co.
PA- John E. Sutter, Robert H. Miller, John R. Mitchell Sr.; J- William S. Thompson
* Stapletons, former Seth residents, contend defendants "maintained, and/or are currently maintaining, impoundments and/or injecting coal slurry into the ground, in and around the Seth-Prenter area..." They say underground and surface mining operations pollute the water supply to residents' wells with toxic substances such as "arsenic, manganese, iron, lead, sulfides..." Plaintiffs seek jury awards for recovery of anticipated medical monitoring costs; damages for personal injury; and property damages caused by the coal companies' negligent and wrongful conduct. Also, they ask for pre- and post-judgment interest and punitive damages, both jointly and severally.
Case number: 10-C-107

Robert & Sandra Dodrill vs. Massey Energy Co.; A.T. Massey Coal Co., Inc.; Elk Run Coal Co., Inc.; Black Castle Mining Co.; Independence Coal Co.; and Omar Mining Co.
PA- John E. Sutter, Robert H. Miller, John R. Mitchell Sr.; J- William S. Thompson
* Former Seth-Prenter area couple's personal injury complaint is styled like above Case 107, contending the well water they used for drinking and household purposes was contaminated by defendant coal companies. Dodrills say the "mining activities and operations...constitute an unreasonable interference with the exercise of rights common to the general public, and have significantly interfered with public health, safety and peace." The couple seeks jury judgment jointly and severally "for all injuries and damages proximately caused" by defendants negligent and wrongful conduct.
Case number: 10-C-108

James C. Maynard, individually and as administrator of the Estate of Sandra Maynard, deceased vs. Massey Energy Co.; A.T. Massey Coal Co., Inc.; Elk Run Coal Co., Inc.; Black Castle Mining Co.; Independence Coal Co.; and Omar Mining Co.
PA- John E. Sutter, Robert H. Miller, John R. Mitchell Sr.; J- William S. Thompson
* Seth resident asserts his wife Sandra died May 11, 2005, "as a result of drinking and/or using contaminated (well) water from the defendants' mining operations." Maynard's suit seeks, among other things, "damages for personal injury and wrongful death proximately caused by the negligent and wrongful conduct of the defendants." Complaint styled like above cases, except for wrongful death claim.
Case number: 10-C-109

Deborah Welch, individually and as parent and guardian of her minor child, Jaimie L. Welch vs. Massey Energy Co.; A.T. Massey Coal Co., Inc.; Elk Run Coal Co., Inc.; Black Castle Mining Co.; Independence Coal Co.; and Omar Mining Co.
PA- John E. Sutter, Robert H. Miller, John R. Mitchell Sr.; J- William S. Thompson
* Mother and daughter's "personal injury and other tort" complaint follows style of above three cases seeking jury relief.
Case number: 10-C-110

Danny R. Deal vs. Massey Energy Co.; A.T. Massey Coal Co., Inc.; Elk Run Coal Co., Inc.; Black Castle Mining Co.; Independence Coal Co.; and Omar Mining Co.
PA- John E. Sutter, Robert H. Miller, John R. Mitchell Sr.; J- William S. Thompson
* Comfort resident contends defendants maintained, and/or are currently maintaining, impoundments and/or injecting coal slurry into the ground, in and around the Seth-Prenter area. Deal says underground and surface mining operations pollute the water supply to residents' wells with toxic substances such as arsenic, manganese, iron, lead and sulfides. Plaintiff seeks compensatory and punitive damages with pre- and post-judgment interest.
Case number: 10-C-111

Berry Massey, individually and as parent and guardian of two minor children vs. Massey Energy Co.; A.T. Massey Coal Co., Inc.; Elk Run Coal Co., Inc.; Black Castle Mining Co.; Independence Coal Co.; and Omar Mining Co.
PA- John E. Sutter, Robert H. Miller, John R. Mitchell Sr.; J- William S. Thompson
* Seth resident contends defendants maintained, and/or are currently maintaining, impoundments and/or injecting coal slurry into the ground, in and around the Seth-Prenter area. Plaintiff says underground and surface mining operations pollute the water supply to residents' wells with toxic substances such as arsenic, manganese, iron, lead and sulfides. Plaintiff seeks compensatory and punitive damages with pre- and post-judgment interest.
Case number: 10-C-112

Travis S. Cook vs. Massey Energy Co.; A.T. Massey Coal Co., Inc.; Elk Run Coal Co., Inc.; Black Castle Mining Co.; Independence Coal Co.; and Omar Mining Co.
PA- John E. Sutter, Robert H. Miller, John R. Mitchell Sr.; J- William S. Thompson
* Seth resident contends defendants maintained, and/or are currently maintaining, impoundments and/or injecting coal slurry into the ground, in and around the Seth-Prenter area. Plaintiff says underground and surface mining operations pollute the water supply to residents' wells with toxic substances such as arsenic, manganese, iron, lead and sulfides. Plaintiff seeks compensatory and punitive damages with pre- and post-judgment interest.
Case number: 10-C-113

Joe Runion, individually and as Executor of the Estate of Regina Runion, deceased vs. Massey Energy Co.; A.T. Massey Coal Co., Inc.; Elk Run Coal Co., Inc.; Black Castle Mining Co.; Independence Coal Co.; and Omar Mining Co.
PA- John E. Sutter, Robert H. Miller, John R. Mitchell Sr.; J- William S. Thompson
* Seth resident contends defendants maintained, and/or are currently maintaining, impoundments and/or injecting coal slurry into the ground, in and around the Seth-Prenter area. Runion says underground and surface mining operations pollute the water supply to residents' wells with toxic substances such as arsenic, manganese, iron, lead and sulfides. Plaintiff seeks compensatory and punitive damages with pre- and post-judgment interest.
Case number: 10-C-114

Leslie C. Watkins, individually and as parent and guardian of minor child Hannah Shelton vs. Massey Energy Co.; A.T. Massey Coal Co., Inc.; Elk Run Coal Co., Inc.; Black Castle Mining Co.; Independence Coal Co.; and Omar Mining Co.
PA- John E. Sutter, Robert H. Miller, John R. Mitchell Sr.; J- William S. Thompson
* Watkins contends defendants maintained, and/or are currently maintaining, impoundments and/or injecting coal slurry into the ground, in and around the Seth-Prenter area. Watkins says underground and surface mining operations pollute the water supply to residents' wells with toxic substances such as arsenic, manganese, iron, lead and sulfides. Plaintiff seeks compensatory and punitive damages with pre- and post-judgment interest.
Case number: 10-C-115

Kimberly Smith vs. Massey Energy Co.; A.T. Massey Coal Co., Inc.; Elk Run Coal Co., Inc.; Black Castle Mining Co.; Independence Coal Co.; and Omar Mining Co.
PA- John E. Sutter, Robert H. Miller, John R. Mitchell Sr.; J- William S. Thompson
* Seth resident contends defendants maintained, and/or are currently maintaining, impoundments and/or injecting coal slurry into the ground, in and around the Seth-Prenter area. Smith says underground and surface mining operations pollute the water supply to residents' wells with toxic substances such as arsenic, manganese, iron, lead and sulfides. Plaintiff seeks compensatory and punitive damages with pre- and post-judgment interest.
Case number: 10-C-116

Rebecca Ann Smith vs. Massey Energy Co.; A.T. Massey Coal Co., Inc.; Elk Run Coal Co., Inc.; Black Castle Mining Co.; Independence Coal Co.; and Omar Mining Co.
PA- John E. Sutter, Robert H. Miller, John R. Mitchell Sr.; J- William S. Thompson
* Seth resident contends defendants maintained, and/or are currently maintaining, impoundments and/or injecting coal slurry into the ground, in and around the Seth-Prenter area. Smith says underground and surface mining operations pollute the water supply to residents' wells with toxic substances such as arsenic, manganese, iron, lead and sulfides. Plaintiff seeks compensatory and punitive damages with pre- and post-judgment interest.
Case number: 10-C-117

Paul E. Perdue vs. Massey Energy Co.; A.T. Massey Coal Co., Inc.; Elk Run Coal Co., Inc.; Black Castle Mining Co.; Independence Coal Co.; and Omar Mining Co.
PA- John E. Sutter, Robert H. Miller, John R. Mitchell Sr.; J- William S. Thompson
* Comfort resident contends defendants maintained, and/or are currently maintaining, impoundments and/or injecting coal slurry into the ground, in and around the Seth-Prenter area. Perdue says underground and surface mining operations pollute the water supply to residents' wells with toxic substances such as arsenic, manganese, iron, lead and sulfides. Plaintiff seeks compensatory and punitive damages with pre- and post-judgment interest.
Case number: 10-C-118

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