MSHA Reaches Settlement in Widow’s Mine Lawsuit
The U.S. Mine Safety and Health Administration (MSHA) and the widows of two men killed in a fire in an underground coal mine have reached a settlement in the women’s mine lawsuit. The agency has agreed to pay $1 million and to develop a training course at the National Mine Safety and Health Academy in order to prevent fires in the future. The agency did not admit liability in the accident.
Incident Details – Fatal Mine Incident
According to lawsuit documents, on January 19, 2006, Don Bragg and Ellery Hatfield died of carbon monoxide poisoning in Massey Energy’s Aracoma Alma No. 1 mine.
A faulty ventilation system caused smoke to enter the mine’s escape route, reducing visibility. Miners had difficulty locating a personnel door that was unmarked due to the poor visibility, and lack of training caused them to have difficulty using their breathing devices. Ten miners made it out of the mine.
Widow Mine Lawsuit – Seeking Justice and Safety Improvements
In April 2010, Delorice Bragg and Freda Hatfield filed a mine lawsuit against MSHA alleging that the agency was negligent. The widows filed a petition last week asking the U.S. District Court in Charleston to approve the settlement. The women hope that the new training course will prevent another incident like that which occurred in Aracoma. Lawyers for the women said that there have been too many widows and too many injuries in the mining industry.
Ongoing Criminal Investigation and Mine Safety Measures
The lawsuit settlement acknowledges that there is still an ongoing criminal investigation into both the Aracoma incident as well as a 2010 explosion at the Upper Big Branch mine that killed 29 miners. The widows believe that management thinking leads to such tragedies and hope to change laws that will better protect miners.
When negligence is suspected as the cause or contributing factor in an accident that causes death, a wrongful death mine lawsuit may be in order.
Contact Dallas-Fort Worth lawyers at Frenkel & Frenkel to schedule a free initial consultation regarding an accident where injuries may have been caused or worsened by negligence to learn what laws may be available to protect you and your family.