West Virginia Record

Wednesday, October 23, 2019

Miner files suit against Greenbrier Minerals, Colorado Coal over accident injuries

State Court

By Carrie Bradon | Sep 20, 2019

PINEVILLE – A Kermit man employed at an underground coal mine in Wyoming County and injured on the job alleges the mine's owner and operator failed to implement supplemental roof support.

Harrison Messer filed a complaint in Wyoming Circuit Court against Greenbrier Minerals LLC and Colorado Coal LLC alleging unsafe working conditions.

The suit states that the plaintiff was employed by the defendant as a section foreman at the Lower War Eagle underground mine near Cyclone. The plaintiff alleges on Aug. 1, 2017, he was making a cut with the continuous miner he was operating when the rib that was closest to him rolled out and struck him, pinning the left side of his body against the machine and resulting in permanent injuries. 

The plaintiff alleges the defendants had knowledge of adverse roof conditions in the mine and failed to use supplement roof support.

The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by Brian L. Ooten of Shaffer & Shaffer in Madison.

The case has been assigned to Circuit Judge Warren McGraw.

Wyoming Circuit Court case number 19-C-75

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Wyoming Circuit Court

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