The estate of miner William I. Griffith has filed what may be the first wrongful death case in the Upper Big Branch Mine disaster.
The case was filed yesterday in Raleigh Circuit Court. Defendants are listed as Performance Coal Co., Massey Coal Services and Massey Energy.
Griffith, 54, had been working for Performance Coal since 1992. He and his wife, Marlene Griffith, would have been celebrating their 33rd wedding anniversary on April 30. Griffith began working as a coal miner in 1974, shortly after he graduated from high school.
I am not yet aware of other cases being filed so far by any of the families.
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http://www.counterpunch.org/turnipseed04162010.html
…according to Federal records….up to 2 million cubic feet of methane gas enter the Upper Big Branch mine every 24 hours. The ventilation system circulates less than half the volume of air needed to keep levels of combustible coal dust and methane within a safe range.
Pat McGinley, of West Virginia University law school and coal industry expert, said, “When a mine’s ventilation system isn’t working properly or there is an unacceptable accumulation of coal dust even for an hour, miners’ lives are put at risk.
Why is this allowed to happen in 2010? We know better as a society, but the workingman is powerless over the vast fortunes of the wealthy.
So long William I. Griffith, you served. May you not be forgotten.
I have to wonder …why in god’s name hasn’t anyone (a reporter for instance) contacted former injured people from massey mines to see how “wonderful” they have treated them after their accident. What about that young man who had his head crushed in the nicholas county mine about 1.5 years ago from Mt Lookout…for god’s sake, seems like a logical step to me. I wonder if he ever got any help from Massey? A track record will go a long way to see what’s in store for those affected.
Deepest condolences to all affected by this tragedy.
Ken,
Do you know which attorney filed it?
It was filed by Mark Moreland and Rachel Moreland, Moreland & Moreland law firm. Ken.
This is a plaintiff attorney’s dream….Welcoime to tort hell – W.Va.!!
And Clayton, on what do you base your comment @ the mine’s ventilation system being inadequate???……Any math to back this up?
Oh, I see….ur just quoting “Counterpunch”…….(I’m sure they have mucho expertise in mine ventilation……)…….Geesh….
They should also sue the attorneys who filed appeals to stop safety enforcement!!! They should have known better, they are officers of the court.
I don’t think there’s anything wrong with the lawsuit. 29 people did die and it was most likely entirely preventable.
Counterpunch is not credible as a source for mine ventilation. It does not even say how they arrived at that.
The appeals don’t stop safety enforcement; the operator still has to correct the deficiency (Massey: we resolved most citations in 1 day). The reason they do it are 1.) large fines and 2.) to keep from having their mine classified as having a pattern of violations.
This is the 1st place I read any points on this. Who requires to lose time studying the day-old SF Chronicle or NY Times? Their large-minded newsmen’ bias is a lot insecure than the stale “dead tree” media.