Massey setttes lawsuit In Boone mine death

Publication: THE CHARLESTON GAZETTE
Published: *
Headline: Massey setttes lawsuit In Boone mine death
Byline: State Briefs

A Massey Energy subsidiary has settled a lawsuit filed by the family of a worker who died in the November 2004 collapse of a highwall at a Boone County strip mine.

Massey’s Independence Coal Co. settled the case with the estate of Kevin Lupardus after seven days of trial in Boone Circuit Court.

Terms of .the settlement were not disclosed, said Massey spokesman Jeff Gilienwater.

Lupardus, a 41-year-old equipment operator, was crushed to death when more than 1,000 tons of rock and dirt collapsed onto the cab of his excavator.

Federal investigators alleged that Massey did not establish and follow a safe ground control plan and allowed Lupardus too work too close to a dangerous highwall. Massey is appealing citations. for which the U.S. Mine Safety, and Health Administration is seeking $108,000 in fines.