MADISON -- A Boone Circuit Court jury will be asked to determine damage amounts resulting from a fatal accident at the Samples Mine of Catenary Coal Co. on July 28, 2009.

Beverly S. Gray, administratrix of the Estate of Mark A. Gray, cites unsafe working conditions as "a direct and proximate" cause of her husband's death in bringing suit against Hawkeye Contracting Co. LLC, Catenary Coal Co. LLC and Appalachian Security Inc.

The 27-year-old Belle resident was employed by Hawkeye of Pike County, Ky., to operate an articulated off-road dump truck during construction of two sediment ponds for the Samples Mine. The complaint says while Mark Gray was "backing his vehicle around one of the sediment ponds, the vehicle evidentially traveled through a berm the purpose of which was to keep vehicles from driving into the pond."

Gray's truck went into the pond and capsized. Rescue efforts failed to get him out of the submerged vehicle. An autopsy reported .08 percent blood alcohol level and evidence of ongoing marijuana abuse by the deceased.

The widow's complaint says there was knowledge of potential alcohol consumption on the mine site and the companies failed to provide proper oversight and training to operate an articulating dump truck. She seeks judgment against the Defendants, jointly and severally, for damages in an amount to be set by jury, pre- and post-judgment interest, and all other relief deemed just and appropriate.

Attorneys Charles M. Johnstone II and William M. Shrewsberry Jr. will bring the case before Judge William S. Thompson.

Boone Circuit Court case number: 10-C-163

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