CHARLESTON – A Raleigh County man who worked at a coal mine near Four Mile Creek in Kanawha County claims the mine's unsafe conditions and equipment caused him severe injuries when his truck dropped 85 feet over a spoil bank.
According to the filing in Kanawha Circuit Court, Henry Kelly Jr., and his wife, Bernadette, filed a suit against Long Flame Coal Corp. alleging intentional exposure.
In December 2017, the suit states Henry Kelly was operating a coal haul truck at the mine when it traveled over the edge of a spoil bank and fell 85 feet into the pit floor. Kelly suffered disabling injuries and disfigurement as a result of the accident, according to the suit.
Kelly claims that the defendant violated numerous safety regulations for the mine, such as not providing bumper blocks and safety hooks and failed to maintain equipment and proper dump-point conditions. He also alleges that Long Flame had knowledge of the alleged safety violations and unsafe conditions in the mine.
Kelly seeks compensatory damages for his injuries, medical bills, loss of future earnings, mental anguish and suffering and pre-judgment and post judgment interests as well as attorney's fees. The plaintiffs are represented by Clayton J. Fitzsimmons and Robert P. Fitzsimmons of Fitzsimmons Law Firm in Wheeling.
The case has been assigned to Circuit Judge Charles King.
Kanawha Circuit Court case number 19-c-699