BECKLEY – A woman is suing the federal government after she claims it failed to do more to prevent the Upper Big Branch mine disaster from occurring eight years ago.
Carolyn Diana Davis, on behalf of Charles Timothy Davis, filed the lawsuit against the United States on April 5—the anniversary of the mine explosion—in U.S. District Court for the Southern District of West Virginia.
Carolyn Davis claims the Mine Safety and Health Administration was aware of the poor practices of Massey Energy after a mine disaster that killed two miners four years prior to the UBB disaster, but failed to rectify the problems.
On April 5, 2010, as a shift change was taking place, a blast ignited at the tail of the UBB Mine longwall operation, which resulted in a fireball travelling to the tailgate area of the longwall, setting off massive explosions of accumulated coal dust and an explosion that ripped through more than two miles of the mine workings, according to the suit.
Twenty-nine coalminers died in the explosion and Charles Davis was one of four bodies later discovered by mine rescue team members in the headgate entry to the longwall.
Carolyn Davis claims MSHA ignored numerous red flags regarding UBB’s ventilation system, as well as other problems.
Before the one-year anniversary of the explosion, and pursuant to the requirements of the Federal Tort Claims Act, Carolyn Davis filed an administrative claim on behalf of her husband’s estate with the Department of Labor, according to the suit. More than six years later, on Oct. 19, the United States denied the claim.
Carolyn Davis claims she requested a copy of her claim document once the claim was denied, as she had misplaced hers during the previous six years of waiting, but the Department of Labor never responded to the request prior to the statute that began running upon the denial of the claim.
The defendant was negligent and caused the wrongful death of Charles Davis, according to the suit.
Carolyn Davis is seeking damages in an amount in excess of $75,000. She is represented by Bruce E. Stanley and Alicia Schmitt of Stanley & Schmitt.
U.S. District Court for the Southern District of West Virginia case number: 5:18-cv-00530
