CHARLESTON -- A man and his wife are suing Speed Mining for injuries sustained during a work-related accident.

On Sept. 4, 2010, Shawn P. Grady, who was employed by Raleigh Industrial Mine Supply, was working at the American Eagle mine, which was operated by Speed Mining, according to a complaint filed Aug. 29 in Kanawha Circuit Court.

Grady claims he and two co-workers boarded a two person man-tub to travel outside at the conclusion of their shift after their supervisor obtained clearance to proceed from a Speed Mining employee.

During the course of the trip, Grady was seated on the outside frame of the man-tub and his two co-workers occupied the two available seats, according to the suit, but, despite having clearance, a locomotive operated by Speed Mining employees negligently, carelessly and recklessly ran a switch and proceeded through the rolled up doors and collided with the man-tub.

Grady claims the force of the collision threw him from the man-tub, causing him severe and permanent injuries.

Speed Mining owed a duty to provide coal miners a safe workplace and failed to do so, according to the suit.

Grady claims the defendant breached its duty by failing to ensure that the route traveled was clear and free from other traffic and mining equipment.

Speed Mining also negligently breached its duty by requiring Grady to travel in a man-tub with two co-workers when the man-tub was only designed two carry two people, according to the suit.

Grady and his wife, Jodi Grady, are seeking compensatory damages with pre- and post-judgment interest. They are being represented by Timothy C. Bailey and J. Ryan Stewart.

The case has been assigned to Circuit Judge Charles E. King.

Kanawha Circuit Court case number: 11-C-1492

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