BECKLEY —
A petition for an emergency temporary restraining order seeking to preserve evidence and materials relating to the Upper Big Branch Mine explosion was filed Monday in Boone County Circuit Court.
Filed by Bucci Bailey & Javins, the petition calls for an “Emergency Temporary Restraining Order and for Permanent Injunction to Preserve Evidence and for Inspection of Upper Big Branch Mine.”
A formal request for hearings regarding the investigation of Upper Big Branch was sent to the United States Department of Labor and the Mine Safety & Health Administration.
In the request, attorney Timothy Bailey said, “It is important that hearings and witness statements be taken under oath and that subpoena powers be available so that the cause of this tragedy may be truly known and those responsible held accountable.”
The law firm makes these requests on behalf of the family of Adam Keith Morgan, 21, who was killed in the April 5 explosion at the Upper Big Branch Mine.
A press release from the law firm said it has acted quickly and decisively in order to preserve and protect the family’s rights.
Bailey said the petition was filed in Boone County because it appears that the explosion occurred in a part of the mine in Boone and because Massey Coal Services, a respondent, is located at Julian in Boone County.
Montcoal Mine Disaster
Suit filed to preserve mine evidence
- Montcoal Mine Disaster
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Independent investigation says Upper Big Branch disaster was preventable
A series of explosions that ripped through the Upper Big Branch mine in Montcoal just over a year ago, killing 29 miners and shocking the nation, were preventable, a report released Thursday stated.
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Families not surprised Massey was irresponsible
For the father of one of the victims of the tragedy at Upper Big Branch, hearing investigators say the accident was preventable and largely due to ignoring important safety measures came as no surprise.
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UBB report provides insight into future of mine safety
Following an independent investigation into the Upper Big Branch explosion, investigators offered more than 50 suggestions for improving the safety of coal miners underground, and lawmakers across the state and nation have taken notice.
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MSHA investigation not complete, but mostly in line with independent panel's report
The public received a few answers to questions about the Upper Big Branch mine explosion Thursday from an independent team, but federal investigators are still completing their investigation.
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11 panel findings and suggestions for safety improvements
As part of the independent investigation of the April 5, 2010, explosion at Upper Big Branch by the Governor’s Independent Investigation Panel, the authors of the report offered the following 11 findings that were accompanied by multiple suggestions for safety improvement.
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UPDATED: Report also criticizes regulators in UBB mine blast
The independent investigation that blames the deadliest U.S. coal mine explosion in decades on owner Massey Energy Co. also points out problems with how federal and state regulators policed the West Virginia coal mine where 29 died last year.
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UPDATED: Families seek justice for fatal UBB mine blast
Relatives of the 29 men killed in the deadliest U.S. coal accident since 1970 said Thursday the findings of an independent probe confirm what they long suspected, saying Massey Energy Co. cared more about coal than workers’ safety, threatened to fire those who complained and let dangerous conditions build in an ill-fated mine.
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Remembering the 29
A year after the tragic loss of 29 West Virginia coal miners at a Raleigh County mine, public officials gathered Tuesday evening with victims’ families, rescue workers and others affected by the tragedy.
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Families haunted by tragic blast
“It was a hard week,” was the phrase repeated by family members of the 29 miners who lost their lives on April 5, 2010, during the Upper Big Branch Mine tragedy.
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Community gathers to remember, honor coal mine disaster victims
Many arrived in black T-shirts bearing the names of all 29.
For some, the attire of the day was accented by stripes of varying hues, resembling the safety patches worn by the underground coal miner. - More Montcoal Mine Disaster Headlines
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