BECKLEY – A coal miner and his family are seeking damages after a mining accident rendered him a quadriplegic.
Jonathan Barber and Bethany Barber, individually and as parents of their minor son L.B., filed a complaint in Raleigh Circuit Court against ICG Beckley LLC and Arch Coal Inc. alleging negligence, deliberate intent and loss of consortium.
According to the complaint, on April 21, 2017, Jonathan Barber was in the course and scope of his employment with ICG Beckley as a continuous mining machine operator at the Beckley Pocahontas underground mine, which Arch Coal oversees and controls mine planning.
The suit states while working, an unstable brow fell on Jonathan Barber, striking him between his shoulders and crushing him to the ground. The suit states he suffered spinal cord trauma which rendered him a quadriplegic. He alleges he is now forced to spend the rest of his life confined to a wheelchair.
Plaintiff Bethany Barber and their minor son allege they suffered a loss of consortium.
The plaintiffs hold ICG Beckley LLC and Arch Coal Inc. responsible because ICG allegedly had knowledge of the existence of the specific unsafe working condition and Arch allegedly disregarded its duties to Jonathan Barber.
The plaintiffs request a trial by jury and seek compensatory and punitive damages, plus interest, costs of this action, attorney's fees and any further relief as the court may deem they are entitled. They are represented by D. Blake Carter Jr. of Bailey Javins & Carter LC in Charleston. The case has been assigned to Circuit Judge Andrew Dimlich.
Raleigh Circuit Court Case number 17-C-777