CHARLESTON — A Harts woman is suing Kanawha Eagle Mining for the death of her husband.
Blackhawk Mining was also named as a defendant in the suit.
On Sept. 1, 2022, at approximately 2 p.m., Kristofer Ball started his shift at the Coalburg Tunnel Mine and was with other laborers discussing plans for work to be conducted during the shift, according to a complaint filed in Kanawha Circuit Court.
Chelsea Ball, as the administratrix of the estate of Kristfer Ball, claims that at approximately 4:10 p.m., her husband and others had finished pulling a trailing cable slack when one of the co-workers unhooked the cable. At about 4:40 p.m., Kristofer Ball reached out from under the canopy and contacted the energized metal S-hook with his left hand and his co-worker called out for someone to de-energize the trailing cable.
After it was de-energized, Kristofer Ball's hand was removed from the cable and CPR was initiated, however, he was pronounced dead at 5:10 p.m., according to the suit.
Following the incident, MSHA and WVOMHST conducted a joint investigation and it was discovered that Kristofer Ball was not taught proper handling of the roof bolting machine's trailing cable and the lack of training contributed to the accident, according to the suit.
Chelsea Ball claims the defendants should have properly trained her husband. She claims the defendants were negligent.
"The acts of Defendant Blackhawk were carried out with flagrant disregard for the rights of others and with actual awareness that their acts would, in reasonable probability, result in human death or great bodily harm, and in conformity with a pattern of conduct of disregarding mine safety regulations as demonstrated through the prior fatal incidents occurring over a 3-year span, and a history of mine safety violations," the complaint states.
Chelsea Ball is seeking compensatory and punitive damages. She is represented by D. Blake Carter Jr. of Bailey Javins & Carter in Charleston.
The case is assigned to Circuit Judge Maryclaire Akers.
Kanawha Circuit Court case number: 23-C-278