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Jul. 24, 2008 | West Virginia's Legal Journal
 
NEWS

Miner sues Massey, subsidiaries over brain injury

4/29/2008 1:20 PM
By Cara Bailey -Kanawha Bureau

CHARLESTON - A local miner has filed a suit against the coal company where he was employed after he suffered a brain injury while working.

Mark R. Young filed the suit April 2 in Kanawha Circuit Court against Alex Energy Inc. White Buck Coal Company, Massey Coal and Massey Energy are also named as defendants.

According to the suit, Young worked as a roof bolt operator at White Buck's Grassy Creek Mine in Nicholas County.

Young claims that while working in the mine on April 5, 2006, he was hit in the head by a 18-foot long flyboard. According to the suit, he was struck on the left side, fracturing his skull and face and causing him severe and permanent head and brain injury.

According to the suit, the flyboards on the roof-bolting machine were not secured and protruded over the chassis of the roof-bolting machine, a dual head Fletcher Roof Ranger II.

Young's injuries included a concussion, skull fracture, subdural hematoma, orbit fracture, left ocular contusion, left subconjuctival hemorrhage and pulmonary contusion.

Bonnie Young claims she suffered a loss of consortium, society and companionship of her husband.

In the four-count suit, Bonnie and Mark Young seek compensatory and punitive damages.

Attorney Timothy C. Bailey is representing the Youngs. The case has been assigned to Judge Jennifer Bailey Walker.

Kanawha Circuit Court case number 08-C-644


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