Miner's widow files wrongful death lawsuit

[Omaha Steve]

http://www.kentucky.com/mld/kentucky/news/state/16735503.htm

Miner's widow files wrongful death lawsuit
Associated Press

HARLAN, Ky. - The widow of an eastern Kentucky coal miner who bled to death after his legs were cut off in an underground accident is suing the mine owners, claiming they knew about worker drug use.

David "Bud" Morris Jr., 29, died on Dec. 30, 2005, after an overloaded coal hauler struck his legs just below the knees inside H&D Mining's No. 3 mine at Cumberland. Both the driver of the coal hauler, Donald E. Allen, and Morris tested positive for painkillers and marijuana after the accident, according to a U.S. Mine Safety and Health Administration report.

Stella Morris, of Cumberland claims in the lawsuit that it was well-known that H&D Mining employed many miners with drug problems and that a room on the property where they changed clothes was known as "the crack house" because miners used illegal drugs there, before and after work, the Herald-Leader reported.

"Bud told his wife about snorting pills and drug use inside and outside the mine," Tony Oppegard of Lexington, one of Stella Morris' attorneys, told the newspaper.

The suit fails to mention that Morris had painkillers and marijuana in his system, but it claims a mine owner knew Allen was impaired by drugs at the time and had a serious drug problem but was never tested for drugs.

The lawsuit, filed in Harlan County Circuit Court, names as defendants H&D Mining Inc.; Gary W. Bentley of Jackhorn, identified by MSHA as treasurer of the coal company; Randall Fleming of Lexington, secretary; James H. Hurley of Harrodsburg, president of H&D; P&P Construction Inc.; Johnson Life Care Inc., the local ambulance service; and Black Mountain Resources, which contracted with H&D to perform mining operations.

FULL story at link.