Wrongful Death filed by 4 survivors of Kentucky mine explosion
Released on = June 1, 2007, 7:12 am
Press Release Author = Lala C. Ballatan
Industry = Law
Press Release Summary = A wrongful death lawsuit case is filed on Monday, May 21, 2007 in Harlan County by four widows, survivors of workers who died in an underground mine explosion last year, against managers of Kentucky Darby LLC. The plaintiffs alleged that there were copious safety violations by the said mining company, the coal boss being Ralph Napier and Darby Mine No. 1 provider of mine planning and engineering, management, safety training etc., Jericol Mining.
Press Release Body = A wrongful death lawsuit case is filed on Monday, May 21, 2007 in Harlan County by four widows, survivors of workers who died in an underground mine explosion last year, against managers of Kentucky Darby LLC. The plaintiffs alleged that there were copious safety violations by the said mining company, the coal boss being Ralph Napier and Darby Mine No. 1 provider of mine planning and engineering, management, safety training etc., Jericol Mining.
Los Angeles, California, May 27, 2007 - In the blast which happened the a year and a day before, Amon "Cotton" Brock, 51, the shift foreman and Jimmy Lee, 33, died at the scene.
The two were allegedly responsible for the explosion since they are the ones who ignited it by using a torch nearby some methane leaks.
Meanwhile, three other victims died by smoke inhalation and poisoning by carbon monoxide, Paris Thomas Jr., 53, Roy Middleton, 35, and Bill Petra, 49.
Of the victim's survivors, Imogene, Brock's widow is the only one who is not listed as plaintiff of the lawsuit.
The main allegations of the plaintiffs according to court papers was that the defendants have put mine production over worker's safety and became the main reason for the wrongful death of the victims.
The complaint further alleged that Napier's appointment of Brock as foreman is part of the violation in worker's safety since he have always known and been warned that the killed foreman was a flagrant violator of the safety laws in mining. Brock had always placed the production of coal over the welfare and safety of the mineworkers he is supervising.
The lawsuit seeks indefinite damages for the expenses suffered by the four widows upon their husbands' death. Moreover, they are seeking damages for the emotional distress and mental suffering they injured along with physical pain suffered by Darby's miners, including the blast survivor, Paul Ledford.
The plaintiffs also seek just indemnification from the workers' emergency air packs manufacturers.
Presently, the surviving worker, Ledford and the widows are mainly depending on the benefits from worker\'s compensation according to their attorney, Tony Oppegard.
Oppegard declared that the main objective for the lawsuit is to have just compensation for the killed miners' families because they definitely cannot live on the worker\'s compensation benefits. Kent Hendrickson, Napier\'s attorney from Harlan declared that he have already received a copy of the lawsuit papers but have not yet come around to reviewing it yet.
According to a statement, the emergency air packs manufacturer's president, Scott Shearer, have not yet received a complaint copy but he confirmed that they stand by their products.
Los Angeles Personal Injury Attorney Services - Our team of Los Angeles Personal Injury Attorneys have been very successful in reaching high settlements and verdicts for various personal injury cases. For more information please log on to our website www.personalinjurydefenders.com
Web Site = http://www.personalinjurydefenders.com
Contact Details = contactus@personalinjurydefenders.com
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