As you know from our Web page, www.fitzgeraldlaw.com, it was our privilege to represent a miner in Campbell County, Wyoming District Court who was severely and permanently injured in a mine disaster. We sued the mine manager and manager of safety who ignored numerous safety warnings. You can find the opinion by typing American National Bank in the line asking for "Appellant or Appellee" at http://courts.state.wy.us/Opinions.aspx. This trial resulted in the largest verdict in Wyoming history for physical injuries.


Another mine disaster happened in West Virginia as we were investigating the Wyoming case. On the morning of Jan. 2, 2006, after the completion of New Year’s celebrations, many around the country began this day with a renewed sense of hope. For a small mining community in West Virginia, the date holds special meaning. This was the morning of the Sago Mine disaster that killed 12 men.

The accident grabbed the attention of national news outlets as rescuers faced the daunting task of reaching 13 trapped men before the gases in the mine took their lives. This two-day ordeal snowballed into a roller coaster for families as the company announced 12 men survived, then quickly revoked the statement and said all but one had died.

There’s no question mining is a dangerous occupation and lot that can go wrong deep below the earth’s surface, but it’s also the responsibility of the mining company to maintain a certain level safety standards. That’s why following the incident, countless questions of accountability and safety arose.

To date, a total of six families who lost loved ones in the disaster have reached wrongful death settlements with the mine company and suppliers.

Randal McCloy Jr., the sole survivor of the accident, also filed suit against the mine’s owner and other companies. The suits all include similar allegations of negligence by International Cole Group (ICG), and other companies, and a failure to maintain a safe working environment. All families involved filed suit in Kanawha County Circuit Court.

Ultimately, the men that died suffered from carbon monoxide poisoning. The account McCloy’s given of the 40 grueling hours trapped beneath the surface can bring a grown man to tears as he recounts watching his friends and co-workers each slip away.

It’s cases like these where it seems no settlement or lawsuit can bring justice.

We worked on a mining accident a few years ago. A mother of four was volunteering at a fundraising event staged by the Kiwanis Club and City of Bisbee, AZ. It was Halloween and she was an actor inside an old copper mine, assigned to jump out of a dark corner as passengers came by in a train.

A rotted support beam broke and she became trapped between the train and the wall of the mine. The mother of four was unable to breathe after being wedged and died a day later from positional asphyxia.

We filed suit claiming the mine was not properly lit and there was not an adequate contingency plan in place to deal with emergencies. We ended up settling the case for $2.5 million, which we've been told is the largest wrongful death settlement in the history of Cochise County.

Justice, it’s a simple idea yet can get so complicated when you have parent companies, subsidiaries, vendors and other contract companies contributing to a project. We looked for accountability in the Wyoming and Arizona mine cases. What would justice look like to you if you were a family member of one of the victims? What would you expect if you lost your mother to a senseless and avoidable accident? We’re interested in hearing from you.