BLUEFIELD — A lawsuit filed by a man suing Brooks Run South Mining alleging he sustained injuries at work has been removed to federal court.
The defendants filed a notice of removal on Nov. 12 in U.S. District Court for the Southern District of West Virginia.
The defendants argue complete diversity exists between them, as the plaintiff is a resident of Mingo County, while the defendant companies limited liability companies from Delaware, Kentucky and Tennessee.
"Because the plaintiff is a resident of West Virginia and each of the defendants are citizens of Delaware, Tennessee and Kentucky, complete diversity of citizenship exists under 28 U.S.C. § 1332," the notice states.
The defendants also contend that the amount in controversy exceeds the $75,000 limit for state court actions.
Irvine Thomas initially filed the lawsuit in Wyoming Circuit Court against Brooks Run South Mining LLC, Lexington Coal Company LLC and Maxxim Shared Services.
Thomas, who worked for Rum Creek Coal Sale Inc., claims he was assigned to disassemble a D-10R Caterpillar bulldozer on Aug. 31, 2017, of which the push arms had been removed. Thomas claims the push arms had been set down at the direction of the mechanic who worked for Brooks Run.
Rather than setting the push arms down flat on the ground, the Brooks Run mechanic had situated the arms upright atop a small rock so as to make it easier for the Brooks Run mechanic to remove the chain from beneath the removed push arm. The placement of the push arms was done desite the plaintiff's objection, according to the suit.
Thomas claims he was following the Brooks Run mechanics orders when one of the push arms fell over and crushed his leg, causing severe injuries. Thomas' surgeons suggest the injuries will ultimately require amputation.
The defendants were negligent in their duty to keep employees safe and provide a safe workplace, according to the suit.
Thomas claims the defendants' negligence caused him severe and permanent injuries.
Thomas is seeking compensatory and punitive damages with pre- and post-judgment interest. He is represented by D. Blake Carter Jr. of Bailey Javins & Carter; and Stephen P. New and Amanda J. Taylor of The Law Office of Stephen P. New.
The defendants are represented by Josef A. Horter and Jason S. Hammond of Bailey & Wyant; and BIlly R. Shelton of Shelton, Branham & Halbert.
U.S. District Court for the Southern District of West Virginia Case number: 5:19-cv-00808
