Antero Resources Corporation and Emergency Site Protection were also named as defendants in the suit.
David A. Dunn, the plaintiff, is the administrator of the Estate of Ryan David Dunn and the next friend to Al. D. and Au. D., both minors.
On Nov. 28, 2014, Ryan Dunn was working on Antero’s Coastal 1 Pad in Alma when a pump failed, causing mud to accumulate on the containment surface, according to a complaint filed Oct. 7 in Tyler Circuit Court and removed to federal court on Nov. 22.
David Dunn claims while Ryan Dunn was vacuuming mud form the containment surface, a fellow employee, Caleb White, was operating a Caterpillar 938G Series II front end loader with fork attachments to unload a 2,000-pound bag of salt into a hopper.
After loading the salt into the hopper, White began to back up and failed to ensure that all personnel were clear of his intended path of travel, failed to station look-outs and failed to give an appropriate audible alarm, according to the suit. When he began backing up, he backed up over Ryan Dunn.
David Dunn claims Middlebourne Emergency Medical Services was called to the scene and Ryan Dunn was pronounced dead at the site.
As a result of the incident, Ryan Dunn experienced conscious mental and physical pain and suffering, as well as grievous personal injuries prior to his death, according to the suit.
David Dunn claims the U.S. Department of Occupational Safety and Health Administration investigated the incident and cited Precision Drilling for violating several regulations.
On Sept. 9, 2015, Precision entered into a formal settlement agreement to correct violations and paid a fine of $9,500, according to the suit. Randi Leigh Maxwell, the mother and guardian of Au. D. and Al. D., is receiving West Virginia Workers’ Compensation Death benefits on behalf of the two minor children as a result of Ryan Dunn’s death.
David Dunn claims Precision was exposed to unsafe working conditions in his workplace and that Antero was negligent in failing to provide a safe place to work.
Emergency’s employees should have observed the unsafe operation and movements of heavy equipment operated by Precision and failed to protect Ryan Dunn, according to the suit.
David Dunn is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Scott S. Segal, Jason P. Foster and C. Edward Amos of The Segal Law Firm; and Samuel A. Hrko of Bailey & Glasser.
Precision is represented by Wayne W. Ringeisen and Lucas Liben of Reed Smith. Antero is represented by Edgar Allen Poe Jr. of Pullin, Fowler, Flanagan, Brown & Poe. Emergency is represented by Jeffrey A. Grove of Grove, Holmstrand & Delk.
U.S. District Court for the Northern District of West Virginia case number: 5:16-cv-00174