Widow alleges mining company's negligence caused husband's death

By Noddy A. Fernandez | Dec 9, 2018

PINEVILLE — A Raleigh County woman is suing manufacturing companies, alleging breach of warranty and design defect caused her husband's death.

Julie Osborne, as administrator of the estate of Rodney Obsorne, filed a complaint in Wyoming Circuit Court against Joy Global Underground Mining LLC and Matrix Design Group LLC, alleging the defendants designed a product that was not reasonably safe for users and caused fatal injuries.

According to the complaint, on June 13, 2017, Rodney Osborne was fatally injured at the Gateway Eagle Mine when he was pinned between the cutter head of the remote-controlled continuous mining machine and a coal rib that was equipped with the defendants' Smartzone Gen 2 proximity detection. 

At the time of the accident, the detection system allegedly was not functioning in the manner for which it was designed, marketed and warranted to function. 

The plaintiff alleges Joy Global Underground Mining and Matrix Design Group manufactured, designed, packaged and distributed the bolster in such a condition that it failed to perform in the manner for which it was intended.

Julie Osborne seeks trial by jury, judgment to be determined by a jury, plus pre- and post-judgment interest, costs, attorney fees and all further just and reasonable relief. She is represented by attorneys D. Blake Carter Jr. and L. Lee Javins II of Bailey Javins & Carter LC in Charleston.

Wyoming Circuit Court case number 18-C-115

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Bailey Javins & Carter LC Wyoming Circuit Court

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