West Virginia Record

Thursday, November 21, 2019

Gilbert worker whose leg was crushed by bulldozer push arm sues mine operators, safety service company

State Court

By Marian Johns | Nov 6, 2019

General court 4

PINEVILLE – A Gilbert man whose leg was crushed by a bulldozer's push arm while working at the Black Bear Preparation Plant in Mingo County has filed a suit over allegations the negligence of the mine's operators and their safety service company led to his injuries.

According to the filing in Wyoming Circuit Court, Irvine Thomas alleges negligence against Brooks Run South Mining LLC, Lexington Coal Co. LLC and Maxxim Shared Services LLC. 

The suit states Thomas was employed by Alpha Natural Resources Inc. and was working at the defendants' plant near Wharncliffe in August 2017 when he was injured. Thomas alleges he was working on disassembling a D-10R Caterpillar bulldozer at the Black Bear plant when he was struck in the leg by the push arm that a worker left unsupported. The suit states the push arm caused a severe fracture and doctors have told him will most likely have to his leg amputated.

The plaintiff alleges the defendants breached their duty by failing to ensure the disassembly of the bulldozer was performed in a manner required by law. 

Thomas seeks compensatory and punitive damages as well as statutory costs, attorney's fees and pre- and post-judgment interest. He is represented by D. Blake Carter Jr. of Bailey Javins & Carter LC in Charleston and Stephen P. New and Amanda J. Taylor of The Law Office of Stephen P. New in Beckley.

Wyoming Circuit Court case number 19-C-83

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