CLARKSBURG — A Mingo County man is suing coal and mining companies, alleging deliberate intent and negligence.
Mark Cline filed a complaint in U.S. District Court for the Northern District of West Virginia Clarksburg Division against Arch Coal Inc and ICG Tygart Valley LLC, doing business as ACI Tygart Valley LLC, alleging they failed to properly and adequately insulate a 575-volt cable, which led to injuries for the plaintiff,
The suit says the defendants had a damaged place in the cable exposing bare wires, a pump and cable that were improperly installed and maintained and had not been properly inspected as required by state and federal mine safety rules and regulations.
According to the complaint, on July 20, 2016, Cline was employed by ACI Tygart Valley to work at the Leer underground mine. The suit says Cline was assigned the task of pulling the No. 10 Stancor de-watering pump out of mud and water to hang the cable.
The lawsuit states Cline was electrocuted while he was handling the cable. Cline says he suffered serious and permanent physical injuries including electrical shock, causing damage to his cervical spine, peripheral neuropathy, post-traumatic stress disorder and traumatic hypertension secondary to electrical shock.
The plaintiff alleges the defendants owed a duty to provide all coal miners in the Leer Mine, including Cline, a safe workplace. This included providing safe and properly maintained, insulated and examined electrical cables and circuits, the suit says, and to adopt and implement safe mining practices and procedures as well as to ensure compliance with all state and federal regulations.
Cline seeks trial by jury, compensatory and punitive damages, with statutory costs and attorney fees and pre-judgment and post-judgment interests. He is represented by attorneys D. Blake Carter Jr., J. Ryan Stewart, and Taylor M. Norman of Bailey Javins & Carter LC in Charleston, and by Stephen P. New and Amanda Taylor of The Law Office of Stephen P. New in Beckley.
U.S. District Court for the Northern District of West Virginia Clarksburg Division case number 1:18-cv-00139-IMK
