Aracoma widows’ lawsuit still alive

RICHMOND, W.Va. — The federal lawsuit filed by the widows of the coal miners killed in the 2006 Aracoma mine disaster is likely headed back to a federal judge who dismissed the case in 2010.

A Richmond, Va.-based federal appeals court revived the case Tuesday filed by Delorice Bragg and Freda Hatfield against MSHA in connection with inspections at Aracoma Coal’s Alma No. 1 mine in the days before the Jan. 2006 fatal fire.

Miners Don Bragg and Elvis Hatfield became separated from 10 other crew members after the mine belt caught on fire in the Logan County mine. Their bodies were located two days later.

The thee-judge panel’s decision was based on the widows’ major victory in February when the state Supreme Court ruled 5-0 the federal inspectors could be held liable in West Virginia.

The widows’ lawsuit was originally thrown out in July 2010 by federal judge John Copenhaver, who ruled federal mine inspectors could not be sued. The widows appealed to the U.S. Fourth Circuit in Richmond, which heard arguments and sent the case to the West Virginia Supreme Court.

Bruce Stanley told MetroNews Tuesday the case will now head back to Judge Copenhaver in August. He said the federal government does have an opportunity to seek a full hearing in front of the appeals court or ask the U.S. Supreme Court to hear the case.

 





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