Three years after mine tragedy, lawsuit filed (Tri-Star Mining Inc. in Barton)

[Omaha Steve]

http://times-news.com/local/x563621546/Three-years-after-mine-tragedy-lawsuit-filed

Jeffrey Alderton Cumberland Times-News

— CUMBERLAND — Nearly three years after coal miners Michael Wilt and Dale Jones lost their lives in a high-wall collapse at Tri-Star Mining Inc. in Barton, the widows of the two men and other family members filed an $8 million wrongful-death lawsuit in Allegany County Circuit Court.

The timing of the lawsuit was “decided upon more than two months ago and is coincidental” to last week’s mining disaster at Massey Energy Co.’s Upper Big Branch mine in Montcoal, W.Va., that claimed the lives of 29 miners, according to Baltimore attorney Keith S. Franz, who represents Tonya Wilt and family.

Franz conducted a press conference Thursday morning outside the courthouse on Washington Street where nearby street excavation paused for the media briefing in which Franz detailed the civil actions with Tonya Wilt and daughters nearby. A photograph depicting Wilt and his wife was placed next to the podium.

No members of the Jones family nor their attorney, Donald Saiontz of the Baltimore law firm of Saiontz & Kirk, were present during the briefing although Franz said he had worked closely with Saiontz since the two firms were retained in the case.

The defendants are George R. Beener of Tri-Star Mining Inc.; BTC Developments, which owns the land where the mine is located and operates the mine and re-mining operations; BTC Trucking, which provides surface transportation at the mine; Kerry Beener, an employee of BTC Trucking; Raymond Tighe, employee of Tri-Star; Robert L. Dugan Jr., trading as Dugan Associates, which provided consulting engineering services for the mine; Western Maryland Associates, which created a March 13, 2002, ground control plan, location map and surface mine application for the mine, and employee James Saunders; Highland Engineering & Surveying Inc., which created a location map for the mine; Bituminous Safety Services Inc., which provided safety training programs for Wilt, Jones and their fellow employees; and Edward A. Moss, a Bituminous employee.

The six-count civil action stemming from the April 17, 2007, disaster seeks a jury trial. Franz said a court official indicated the trial could possibly be scheduled in eight months although he said discovery and other filings could affect that projected timing.

FULL story at link.