CHARLESTON -- A Kanawha County man and his wife are suing Newtown Energy, Inc., for injuries sustained while working at the Eagle Mine.

Kanawha Eagle Coal, LLC and Patriot Coal Corporation were also named as defendants in the suit.

On Aug. 3, 2010, Brian D. Caldwell was an employee for Newtown Energy and was working at the Eagle Mine when he was struck on the head and neck by a falling section of the mine roof and was injured, according to a complaint filed May 18 in Kanawha Circuit Court.

Caldwell claims he was found lying unconscious and/or disoriented in the mine and was life-flighted to Charleston Area Medical Center.

On Aug. 5, 2010, Caldwell was released from the hospital with a diagnosis of a concussion with loss of consciousness, a neck sprain, an injury to his head and a sprain of the shoulder and upper right arm, according to the suit.

Caldwell claims following his release from the hospital and for many months afterward, he experienced severe and debilitating headaches, episodes of dizziness, unexplained falling and cognitive difficulties, among other physical ailments, pain and suffering.

On July 15, 2011, Caldwell had an MRI of the brain, which revealed evidence of an organic brain injury, including atrophy or loss of brain tissue, according to the suit.

Caldwell claims on Nov. 18, 2011, Dr. Paul Bachwitt evaluated him at the request of Ricwell of West Virginia on behalf of his employer and recommended an award of 12 percent whole body impairment for injuries to his neck and left shoulder.

The defendants had actual knowledge of the existence of unsafe working conditions and the high degree of risk and strong probability of serious injury or death, but failed to remedy the unsafe conditions, according to the suit.

Caldwell claims the defendants had a duty of care owed to him, but breached the duty of care by allowing him to become injured.

The defendants' negligence caused Caldwell to suffer serious and permanent bodily injury and tremendous pain and suffering, according to the suit.

Caldwell and his wife, Sharon Caldwell, are seeking compensatory and punitive damages. They are being represented by Robert B. Warner and Lynnette Simon Marshall.

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 12-C-926

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