CLARKSBURG — A West Virginia resident is suing a coal mining company, citing alleged deliberate intent and negligence.
James A. Moore Jr. filed a complaint in U.S. District Court for the Northern District of West Virginia against ICG Tygart Valley LLC d/b/a ACI Tygart Valley, operator of Leer Mining Complex and Arch Coal Inc., alleging that it failed to exercise reasonable care and caution for the safety of its workers.
According to the complaint, the plaintiff alleges that in November 2016, while he was working as a shuttle car operator at the Leer Mine in Taylor County, the shuttle car's brakes locked up, causing it to lurch to a stop, throwing him forward and endangering persons in proximity; this caused injuries to Moore, including neck pain and shoulder injury, pain and suffering, loss of enjoyment of life, permanent injury and scarring.
Moore holds ICG Tygart Valley responsible because it allegedly failed to ensure that the brakes on the shuttle car were properly repaired, denied plaintiff's claim for neck pain and failed to take the shuttle car out of service until its defects were corrected.
The plaintiff requests a trial by jury and seeks judgment against defendant for compensatory damages, costs, interest and further relief as the court may be fair. He is represented by Allan N. Karlin of Allan N. Karlin & Associates in Morgantown.
U.S. District Court for the Northern District of West Virginia Case number 18-cv-209