Nitro man sues Elk Run, others for work injuries

By Kyla Asbury | Oct 26, 2011

CHARLESTON -- A Nitro man is suing Elk Run Coal Company and three other companies after he was injured on the job.

CHARLESTON -- A Nitro man is suing Elk Run Coal Company and three other companies after he was injured on the job.

Black Castle Mining Company and Homer III Processing Company; Massey Energy; and Alpha Natural Resources Services, LLC were also named as defendants in the suit.

On May 31, Timothy Walker was working as a coal truck driver for Medford Trucking and was hauling coal from the defendants' surface mine when a Massey employee operating a Caterpillar 992D front end loader failed to operate the machine in a safe manner and injured him, according to a complaint filed Oct. 3 in Kanawha Circuit Court.

Walker claims the front end loader struck his coal truck on the right side rear tandem, which caused the coal truck to flip over and trap him inside.

As a result of the defendants' negligence, Walker was knocked unconscious and sustained a traumatic brain injury, according to the suit.

Walker claims the defendants' negligence also caused him to incur economic and non-economic damages.

The defendants breached their duty to provide a safe place to work, according to the suit.

Walker is seeking compensatory damages. He is being represented by C. Benjamin Salango and Dan R. Snuffer Jr.

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

Kanawha Circuit Court case number: 11-C-1740

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