PINEVILLE – A Logan County widow alleges her late husband's employers were aware of unsafe working conditions that contributed to his death.
Shelly Rosser, individually and as administrator of the estate of Luches Rosser filed a complaint Jan. 5 in Wyoming Circuit Court against Pinnacle Mining Co. LLC, ERP Compliant Fuels LLC and Seneca Resources LLC alleging deliberate intent and negligence.
According to the complaint, the plaintiff alleges that on May 18, 2017, Luches Rosser was employed by defendant Pinnacle Mine operating an electric motor trolley when he struck his head on a metal I-beam. He was transported to the Welch Community Hospital where he was pronounced dead in the early morning of the next day, the suit states.
The plaintiff holds Pinnacle Mining Co. LLC, ERP Compliant Fuels LLC and Seneca Resources LLC responsible because Pinnacle Mining Co. had knowledge of the unsafe working condition and that the condition was in violation of a safety statute and ERP and Seneca allegedly breached their worker safety duties to Rosser.
The plaintiff requests a trial by jury and seeks compensatory and punitive damages, costs and fees expended in prosecuting this matter, pre- and post-judgment interest and such other relief to which he is entitled. She is represented by D. Blake Carter Jr. of Bailey Javins & Carter LC in Charleston. The case has been assigned to Circuit Judge Warren R. McGraw.
Wyoming Circuit Court Case number 18-C-04