Sago Road Jury Awards $22,950

BUCKHANNON – International Coal Group created a nuisance for three Upshur County families with coal trucking along the Sago Road, a jury has found.

Jurors awarded $22,950 in compensatory damages, but did not award any punitive damages, according to a lawyer for the residents. In the case of four other families, the jury found no liability.

But because jurors found violations of state mining laws, Judge Thomas H. Keadle gave the residents’ lawyers two weeks to file a petition seeking to force ICG to pay their fees and costs. The jurors returned their verdict on Tuesday.

Thomas W. Bacorn and six other families alleged that the expansion of the local road for coal-hauling created noise, dust and other problems. Scott Depot-based ICG closed the Sago Mine last year, but mining continued at the nearby Imperial Mine. The company expanded County Road 22/3 so it could haul coal from Imperial to the Saw Mill Preparation Plant.

ICG spokesman Ira Gamm said that the company viewed the verdict “as a vindication of our belief” that “all ICG operations conduct their operations in a manner that reflects our desire to be the best possible corporate neighbors.”

Bill Ford, a lawyer for the residents, said, “We’re pleased that the jury found that the company violated the West Virginia Surface Mining Reclamation and Control Act. My clients did not care about the money.”

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