BECKLEY – A couple is suing ICG Beckley and Arch Coal after they claim the companies are responsible for a work injury rendering a 29-year-old a quadriplegic.
On April 21, Jonathan Barber arrived to work as a continuous mining machine operator on the day shift, according to a complaint filed Dec. 26 in Raleigh Circuit Court and removed to federal court on Jan. 22.
Barber claims this was the next production shift after the evening shift wherein the mining machine operator working on the same side of the same section where he was instructed to work had observed and pointed out to his foreman the existence of an unsafe brow, which was still unrecorded and non supported or otherwise controlled to protect persons from hazards related to falls of the roof, face or ribs in this area.
As the plaintiff began, the continuous mining machine began to malfunction and he contacted the maintenance/electricians who came to the area and had him back the machine out so it could be examined to determine the problem, according to the suit.
Barber claims as the electricians examined the machine, and had the plaintiff operate various controls to determine the nature of the problem, the loose and unstable brow situated atop the rub that was to be the proposed No. 2 face popped and fell from a height of more than 10 feet, striking Barber between his shoulder blades and crushing him to the ground.
The brow consisted of two-and-one-half inches of rock along the top of coal measuring 54 inches long, 36 inches wide and 20 inches thick, according to the suit.
Barber claims because of the accident, he suffered spinal cord trauma, which rendered him a quadriplegic.
MSHA conducted an investigation into the events and determined that ICG Beckley violated safety statutes, according to the suit.
Barber claims at 29 years old, he is forced to spend the rest of his life in a wheelchair.
The defendants caused Barber extreme physical pain and suffering; extreme mental anguish and suffering; permanent physical impairment; loss of wages and benefits; loss of future earning capacity and benefits; loss of capacity to enjoy life; medical expenses; and permanent scarring and disfigurement, according to the suit.
Barber and his wife, Bethany Barber, are seeking compensatory and punitive damages. They are being represented by D. Blake Carter Jr. of Bailey Javins & Carter.
The defendants are represented by Jeffrey K. Phillips and Jonathan R. Ellis of Steptoe & Johnson.
U.S. District Court for the Southern District of West Virginia case number: 5:18-cv-00073