West Virginia Record

Monday, January 27, 2020

Visitor blames blames mining facility operators for injuries

By Philip Gonzales | Jan 31, 2017

General court 4

WILLIAMSON — A Delbarton man is suing Mingo County mine operators, alleging insufficient measures were taken to prevent injuries to the plaintiff.

Kenneth L. Ooten filed a complaint Jan. 13 in Mingo Circuit Court against Mountaineers Investigations & Security Inc., Aracoma Coal Co. LLC, Highland Mining Co. and Alpha Natural Resources Inc., alleging negligence in breaching their duty of reasonable care to keep their premises free from hazards.

According to the complaint, on Jan. 14, 2015, as Ooten was entering the defendants' guard shack to read the power usage meter, he slipped and fell on snow and/or ice, causing him to injure his neck and back. 

As a result, the suit says, Ooten suffered great pain to body and mind, medical expenses and loss of earning capacity. The plaintiff alleges the defendants negligently allowed snow and/or ice to accumulate on the ground near the guard shack and failed to warn non-trespassing invitees of the latent, hazardous condition.

Ooten seeks trial by jury, compensatory and punitive damages, attorney fees, court costs and expenses, pre- and post-judgment interest and all other equitable relief. He is represented by Brian L. Ooten of Shaffer & Shaffer PLLC in Madison.

Mingo Circuit Court Case number 17-c-5

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Organizations in this Story

Aracoma Coal Co