WAYNE - A Mingo County man is suing Argus Energy LLC for injuries he allegedly sustained while working in its Deep Mine No. 8.
Argus Energy LLC is doing business as Argus Energy WV LLC.
On Sept. 16, 2011, Carlos James Copley was working for Argus as a roof bolter at its Deep Mine No. 8 in Wayne County when Argus chose not to adequately support the roof with conventional and supplemental roof support and a large rock fell from the mine's roof and struck him, according to a complaint filed Sept. 12 in Wayne Circuit Court.
Copley claims he suffered severe crushing and permanently disabling injuries to his spine.
As a direct and proximate result of the defendant's conduct, Copley suffered severe physical pain and suffering; extreme mental anguish and suffering; permanent physical impairment; loss of wages and benefits; loss of future earning capacity and benefits; loss of capacity to enjoy life; medical expenses; annoyance and inconvenience; and permanent scarring and disfigurement, according to the suit.
Copley claims the defendant violated West Virginia code by intentionally requiring him to work in an area of severe adverse roof conditions, which were not adequately supported by conventional or supplemental roof support.
Prior to the incident, Argus had actual knowledge of the existence of the unsafe working condition and the high degree of risk and strong probability of serious injury or death presented by the unsafe working condition, according to the suit.
Copley is seeking compensatory damages with pre- and post-judgment interest. He is being represented by J. Kristofer Cormany of Cormany Law PLLC and Pamela A. Lambert.
The case has been assigned to Circuit Judge Darrell Pratt.
Wayne Circuit Court case number: 13-C-184