McCloy, Miner’s Family Settle Lawsuits Over Sago
By Ken Ward Jr.
kward@wvgazette.com
Sago survivor Randal McCloy Jr. and the family of fallen miner David Lewis have settled lawsuits against International Coal Group over the January 2006 mine disaster.
ICG agreed to pay undisclosed sums of money to McCloy and to Lewis’ estate.
Both cases were quietly settled over the last two weeks, according to court records and lawyers for the families.
Lawsuits against Scott Depot-based ICG are still pending by families of 10 of the 11 other miners who died after the Sago Mine explosion. Section foreman Martin Toler Jr. is the only victim for whom a suit has not been filed.
McCloy and the Lewis estate also still have cases pending against some ICG suppliers and contractors. The pending cases are consolidated before Kanawha Circuit Judge Charles King.
Both Stephen Goodwin, a lawyer for the McCloy family, and Jeff Robinette, who represented the Lewis estate, declined to provide details of the settlements.
“It ensures that the McCloys and their children will be comfortable, which is the important thing,” Goodwin said Tuesday. “We’re happy it’s over.”
ICG spokesman Ira Gamm declined comment on the settlements.
In previous disclosures to stockholders, including one filed in November, ICG said that the company was “appropriately insured for potential claims” and had “fully reserved our deductible applicable to our insurance policies.”
ICG added that, “We will vigorously defend ourselves against the complaints” filed by the Sago families.
At about 6:30 a.m. on Jan. 2, 2006, an explosion ripped through the Sago Mine south of Buckhannon. One miner, fireboss Terry Helms, died soon after the blast from carbon monoxide poisoning.
Surrounded by smoke and toxic fumes, 12 other miners took shelter behind a makeshift barricade. Eleven of them died before rescuers reached them 41 hours later. Only McCloy survived.
It was the worst coal-mining disaster in West Virginia in nearly 40 years.
Federal investigators pointed to a lightning strike as the “most likely” ignition source for the Sago explosion.
The U.S. Mine Safety and Health Administration concluded that stronger seals, proper methane monitoring and the removal of a pump cable from the sealed area where the explosion occurred could have prevented the disaster.
But MSHA investigators did not cite ICG or its subsidiary, Wolf Run Mining, with any violations contributing to the accident.
Lawsuits filed by the families cited a long string of safety violations prior to the disaster, the lack of required anti- lightning equipment, lax methane monitoring, and poor construction of the mine seals.
To contact staff writer Ken Ward Jr., use e-mail or call 348- 1702.
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