Massey Energy settled lawsuit last June

By Kyla Asbury | Jul 3, 2013

MADISON - A lawsuit involving an hourly miner operator who was injured during the Upper Big Branch Mine explosion was settled and dismissed last year.

AT Massey Coal Co. Inc.; Massey Coal Services Inc.; Massey Coal Sales Co.; Elk Run Coal Co.; Don Blankenship; Gary Frampton; Chris Blanchard; and Jason Whitehead were also named as defendants in the suit.

On June 18, 2012, both parties represented to the Court that the matter in dispute between them had been compromised and settled, according to the dismissal order.

Danny Joe Ferrell worked as an hourly miner operator employed by Performance Coal at the Upper Big Branch Mine location in Boone County, according to a complaint filed Oct. 31, 2011.

Ferrell was riding a mantrip with co-workers when there was a violent underground explosion April 5, 2010.

The mantrip was blown backward and he was shaken, rocked and thrown about, suffering serious permanent physical and mental injuries, according to the suit.

Ferrell and his wife, Barbara K. Ferrell, were seeking compensatory and punitive damages. They were being represented by Harry M. Hatfield.

The defendants were represented by A.L. Emch, Gretchen M. Callas and Ryan Voelker of Jackson Kelley PLLC.

The case has been assigned to Circuit Judge William S. Thompson.

Boone Circuit Court case number: 11-C-219

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