Staff Writer
The Register-Herald
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.
