U.S. Judge Tosses Lawsuit Over 1968 Mine Blast in West Virginia

April 6, 2017

A federal judge in West Virginia has tossed out a lawsuit filed by relatives of 78 miners killed in a 1968 mine explosion in the state.

The Pittsburgh Post-Gazette reports U.S. District Judge Irene Keeley in Clarksburg ruled Friday that laws at the time stipulated there was a two-year window to file a lawsuit after the disaster.

The latest lawsuit filed in 2014 was based on a federal mine inspector’s memo written two years after the explosion at Consolidation Coal Co.’s No. 9 mine in Farmington indicating an alarm had been disabled. The families, who earlier had received $10,000 from the company, said they did not find out about the memo until 2008.

The disaster led to passage of the federal Coal Mine Health and Safety Act.

Topics Lawsuits USA Legislation Virginia

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Latest Comments

  • April 10, 2017 at 6:18 pm
    Counterpoint says:
    It was late in the making but the memo that presented evidence of their liability didn't even get written until after their two year time period. That part of it was a bit unf... read more
  • April 6, 2017 at 4:55 pm
    Agent says:
    Wouldn't you agree that this lawsuit was a bit late in the making?
  • April 6, 2017 at 4:48 pm
    fieldman says:
    Even if equitable tolling was available, it would presumably have required a suit within two years of when the memo was written (1972), two years of when the plaintiffs, with ... read more

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