Jason Marcum and Casandra Marcum have filed a lawsuit against Marshall County Coal Resources, Inc. (MCC), a Delaware Corporation, in the United States District Court for the Northern District of West Virginia. The case ID is 5:24-cv-00060-JPB, and it was filed on March 28, 2024.
The plaintiffs allege that Jason Marcum, who was employed by Compliance Staffing Agency, LLC as a general laborer, was sent to work at MCC's Marshall County mine without proper training or experience. On April 24, 2022, he was assigned to operate a hand-held hydraulic breast drill under the supervision of Chad Case, an employee of MCC.
Despite informing mine management that he had never operated this type of equipment before and had not received mandatory task training as required by mine safety laws, Mr. Marcum was still assigned to operate the drill. This decision was made by Chad Case.
The plaintiffs are seeking judgment against MCC for their failure to provide adequate training and for assigning Mr. Marcum to operate machinery he was not familiar with. They argue that this lack of training led to damages exceeding $75,000.
