Couple sues Bucyrus, others for work injuries

By Kyla Asbury | Jul 13, 2010

CHARLESTON -- A man and his wife are suing Bucyrus International after he was injured at work.

Bucyrus America, Inc.; Bucyrus Mining Equipment, Inc.; Structured Mining Systems, Inc.; Wolf Run Mining Company; Hunter Ridge Coal Company; ICG, Inc.; and OCG, LLC were also named as defendants in the suit.

On June 27, 2008, Kenneth Goldsborough was operating a Bucyrus remote controlled continuous miner within the scope of his employment at Wolf Run's Sentinel Mine, when the miner became entangled on the line curtain, according to a complaint filed June 28 in Kanawha Circuit Court.

Goldsborough claims he shut the machine down and went to disentangle it from the line curtain. He claims when he was walking back to where he normally operated the machine, the miner moved without any action on his part and crushed him against the mine rib, causing injury.

The defendants failed to adequately label the machine or to instruct or warn operators of the dangers of the machine, according to the suit.

Goldsborough claims the defendants were negligent in failing to provide a safe working condition.

Goldsborough and his wife, Mary Goldsborough, are seeking compensatory and punitive damages. They are being represented by Allan N. Karlin, Jane E. Peak and Sarah E. Montorg.

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

Kanawha Circuit Court case number: 10-C-1170

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