PHILIPPI — The widow and children of a coal miner are suing Century Mining, alleging they are responsible for the death of their family member.
Century Mining is doing business as Allegheny Metallurgical.
North Central Resources, Mark Kimbler, Brad Phillips, Grace Equipment Company and John Does 1 through 10 were also defendants in the suit.
Nathan W. Barker, administrator of the estate of Cecil Lawrence Barker; Mary Darlene Barker and Steven L. Barker all claim the defendants' misconduct caused or contributed to Cecil Barker's death on March 22, 2023, at the Longview Mine in Barbour County, according to a complaint filed in Barbour Circuit Court.
The Barkers claim on March 22, 2023, specific unsafe working conditions existed at the mine, which presented a high degree of risk and a strong probability of serious injury or death to miners.
On that date, at approximately 6:30 a.m., Cecil Barker and William Allen entered the mine and proceeded to the tailgate section to install survey pads and once on the section, they installed the pads, according to the suit.
After completing this task, Barker and Allen were preparing to leave the section when they were informed to switch personnel carriers from the rubber-tired Pillar EMU vehicle that they had previously used to get to the section, and were instructed to use the #2 Stryker 72, which was a two-person rubber-tired personnel carrier, according to the suit.
While the men were traveling out, they saw Adam Elkins, a Century Mining engineer, who was traveling by foot and he joined the two-person personnel vehicle with Allen operating the vehicle, Ekins sitting in the passenger seat and Barker moved to sit on top of the hinged electric motor cover behind the seating, the complaint states.
The Barkers claim while traveling upgrade, Elkins accidentally pressed the emergency stop button and the vehicle began to move backward.
While moving backward at increasing speed, the rear passenger side of the vehicle struck a right rib at the 17-block crosscut and it ejected Elkins from the vehicle and trapped Allen and Cecil Barker.
The Barkers claim Cecil Barker was trapped for about 15 minutes before he was loaded onto a backboard and into an emergency vehicle, however, Cecil Barker was pronounced dead at the hospital.
The Barkers claim the defendants were negligent and responsible for Cecil Barker's death.
The Barkers are seeking compensatory and punitive damages. The plaintiffs are represented by Hunter B. Mullens, Catherine A. Mullens and C. Brian Matko of Mullens & Mullens in Philippi.
Barbour Circuit Court case number: 23-C-32