WILLIAMSON — The defendants in a case accusing Coal-Mac and Arch Resources of causing a workplace injury to occur deny that they are at fault for the plaintiff's injuries.
The defendants contend that the complaint fails to state a claim and that Coal-Mac did not consciously, subjectively or deliberately intend to cause the plaintiff's injury. The defendants allege that the plaintiff's injury was self-inflicted and not compensable under West Virginia code.
The defendants argue the plaintiffs have failed to plead the required elements for his type of claim and failed to plead special damages. They contend the plaintiffs also failed to mitigate their damages.
Kenneth Young was working on July 22, 2019, at Phoenix No. 4 surface mine in Ragland, which is operated by Coal-Mac, and is a subsidiary of Arch Resources, when he suffered an injury that resulted in 13% permanent partial disability and he was deemed unable to return to his position as a heavy equipment operator, according to a complaint filed in Mingo Circuit Court.
Kenneth Young and Lana Young, who reside in Inez, Ky., claim that Kenneth Young was working when his boot slipped on mud on the rubber conveyor belt strip of a lowboy and he fell, causing injuries to his lower back and other body parts. They claim he had completed the pre-shift inspections every time he used the lowboy trailer on the job and his foreman had initialed it and submitted it to higher management.
"On each date, he described the bent-up metal straps and the belt line as being improper and unsafe," the complaint states. "This, the employer had actual notice and knowledge of the unsafe working conditions which led directly to and proximately caused Plaintiff's disabling injury."
The plaintiffs are seeking compensatory damages. They are represented by James D. McQueen Jr. of McQueen Davis in Huntington and Alexander C. Ward of Vanover Hall & Bartley in Ashland, Ky.
The defendants are represented by Mark E. Heath and Joseph A. Ford of Spilman Thomas & Battle in Charleston.
The case is assigned to Circuit Judge Miki Thompson.
Mingo Circuit Court case number: 21-C-77
