After a lengthy trial, a Boone County jury awarded the coal miner nearly $2 million in his lawsuit against the Massey Energy subsidiary, Independence Coal Company, Inc.
The six person jury found Independence Coal Company, Inc., guilty of negligence in an accident that left the coal miner disabled and awarded him $111,471,61 for medical expenses, $76,567 for loss of household services, and $1,780,914 for lost earning capacity.
Stevenson filed the lawsuit in 2005, after his arm was caught in a broken man-trip brake mechanism.
Stevenson was a general laborer and belt man, operating a man-trip at the Justice Mine at Robison. His job placed him in close proximity to tracks and electrical wiring, but it was a dangerous braking system that Stevenson blames for his injuries.
Stevenson testified that on Jan. 31, 2005, he was trying to fix the brakes to the man-trip when the braking system shifted, trapping his wrist and arm.
Stevenson testified that he had alerted mine managers of the condition of the man-trip on several occasions prior to the accident, but the company did not fix the problem.
In his deposition to the court, Stevenson also claimed that the company’s two-way radios rarely worked and the faulty braking system was reported every day.
Stevenson was represented by Madison lawyer Harry Hatfield, of Hatfield & Hatfield, and Charleston attorney Mark Atkinson.
Two years ago, Hatfield and Atkinson represented Rocky Burns, a fire boss at the mine, was awarded a $2 million jury verdict after alleging that he was fired for reporting safety problems, including unsafe man-trips. Massey appealed the decision, but the West Virginia Supreme Court refused to hear the case.
Three years following Stevenson’s injuries, the Justice #1 Mine was the location of a fatal accident that claimed the life of an apprentice miner.
On Oct. 8, 2008, Steven R. Cain, a 32-year old apprentice red hat miner had been working at the Justice #1 Mine for approximately four months when he was fatally injured after being caught between a track mounted supply car carrying a parts sled and the mine rib as a trip of four supply cars was being pushed into a rail spur.
A total of seven safety violations were issued by MSHA to Independence Coal Company Inc., following the fatal accident. Four safety violations were determined to have contributed to the occurrence of the accident.
According to the West Virginia Office of Minters’ Health, Safety and Training, the Independence Coal Company, Inc., was permitted to operate the Justice #1 Mine on Jan. 10, 1999, and the mine employs approximately 145 persons on three shifts, two continuous mining machine units and one longwall unit.
Massey officials were unavailable for comment.
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