BECKLEY -- A man's estate is suing over the fatal injuries he incurred while riding his truck recreationally on property maintained by a local mining interest.
Brian May, as administrator of the estate of Marshall Fletcher, filed a complaint June 4 in Raleigh Circuit Court against Metinvest BV, United Coal Co. LLC, Affinity Coal Co. LLC, and Pocahontas Coal Co. LLC, doing business as Affinity Mine.
On July 6, 2013, Fletcher, as an employee of Affinity Mine, was utilizing the property for recreation, riding his pickup truck along an unmarked dirt road. Although the defendants knew that the property was often used by off-roaders, the lawsuit states, the dirt road being used by the decedent "ended abruptly with a highwall installed and/or created by the defendants," creating a drop off of about 40 feet. Fletcher died after his truck fell into the valley.
The plaintiff, citing negligence, seeks unspecified compensatory and punitive damages; pre- and post-judgment interest; court costs; and attorneys' fees.
The plaintiff is represented by Stephen P. New and Amanda J. Taylor of the Law Office of Stephen P. New in Beckley.
Raleigh County Circuit Court case number 15C536.