West Virginia Record

Sunday, March 29, 2020

Mining operator accused of unsafe conditions that led to injuries

By Philip Gonzales | Nov 4, 2016

Law money 10

LOGAN — An employee is suing Hampden Coal LLC d/b/a Chafin Branch Coal Co. LLC, a mining operator, citing alleged insufficient measures were taken to prevent injuries and negligence.

James Dwight Chaney filed a complaint on Oct. 12, in the Logan Circuit Court against Hampden Coal LLC d/b/a Chafin Branch Coal Co. LLC alleging that the mining operator violated the commonly accepted safety standards within their business.

According to the complaint, the plaintiff alleges that, in June 23, 2015, he was working for defendant at its mine site in Logan County when he was asked to add anti-freeze to a defective end loader with no safety handrails, causing him to fall from the end loader. He sustained severe and permanent injuries, resulting in loss of wages, loss of earning capacity and hospital and medical bills. The plaintiff holds Hampden Coal LLC d/b/a Chafin Branch Coal Co. LLC responsible because the defendant allegedly negligently allowed the unsafe working condition to exist and failed to follow manufacturers operating procedures for adding anti-freeze to the end loaders.

The plaintiff requests a trial by jury and seeks judgment against the defendant in an amount that will fairly compensate him for his injuries and damages, attorney's fees, costs and interest. He is represented by W. Thomas Ward of Ward & Associates PLLC in Williamson.

Logan Circuit Court Case number 16-c-238

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Logan Circuit Court