A group of Van area residents filed suit in 2004 against Independence Coal Company, A.T. Massey Coal Company, Inc. and Massey Energy in connection with flood damage to their homes in the summer of 2003.
The suit alleged that on June 16, 2003, water escaped from an Independence Coal retaining pond. It then reportedly poured down the haulage road, across the highway and onto the property of at John Mark and Ella Jane Long.
The suit claimed that the ensuing floodwaters washed out the Long’s driveways “carrying rocks, whiskey and beer bottles and syringes into their front yards and washing out the topsoil, several rose bushes, a dogwood and flowers.” according to the lawsuit. The document charged that “the plaintiffs now have a yard full of briars and rocks, and have had to hire a person to replant the yard.”
The suit also claims that a septic tank was damaged, as well as vehicles and tools. It notes that the plaintiffs claim to have asked Independence Coal officials to repair the damages and they refused.
The second plaintiff, William Dotson, claimed that flood waters ruined their outbuilding, destroying numerous valuable items and said in the suit that his home is now sinking.
The suit claims the plaintiffs have suffered “annoyance, inconvenience, interruption to their way of life and emotional distress associated with the damage caused by the defendants.”
Attorneys from Bailey & Glasser charged in the suit that Independence and Massey violated the West Virginia Surface Coal Mining and Reclamation Act, were negligent in the care of their property, private nuisance, trespassing on the property of the Long and Dotson families and negligent infliction of emotional distress. The suit asked for a judgment against the companies and economic and compensatory damages.
Recently, however, during a pre-trial hearing, the court declared a mistrial due to undisclosed reasons. The trial will likely resume during the spring session of the Boone County Circuit Court.
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