West Virginia Record

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Tractor operator alleges Arch Coal, ICG Beckley did not provide safe workplace

By Philip Gonzales | Nov 10, 2016

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BECKLEY – A worker at the Beckley Pocahontas underground mine alleges he was injured on the job.

James Claypool filed a complaint on Oct. 19 in Raleigh Circuit Court against Arch Coal Inc. and ICG Beckley LLC alleging unsafe workplace and other counts.

According to the complaint, the plaintiff alleges that on March 11, 2014, he was transporting rock dust when his neck became caught by the suspended rope hangers/cable and stranged him. He alleges that the incident caused him to become unconscious and suffer serious and permanent injuries.

The plaintiff holds Arch Coal Inc. and ICG Beckley LLC responsible because the defendants allegedly failed to perform job safety analysis to identify or remedy possible workplace safety hazards and failed to provide safe means of access to all working places.

The plaintiff requests a trial by jury and seeks judgment for compensatory damages, attorneys' fees and costs, pre- and post-judgment interest and for any other relief as the court deems just and proper. He is represented by Brett J. Preston and Dan R. Snuffer of Preston & Salango PLLC in Charleston. The case has been assigned to Circuit Judge H.L. Kirkpatrick III.

Raleigh Circuit Court Case number 16-c-680

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Raleigh Circuit Court