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Killed miner's family suing Consol Energy

THE family of a 62-year-old Ohio miner killed last October at Consol's Shoemaker operation in northern West Virginia has filed a wrongful death lawsuit against the operator.

Donna Schmidt
Killed miner's family suing Consol Energy

According to an Associated Press report, laborer Charles McIntire died last October 17 at the Dallas, Marshall County operation after being struck by a track-mounted ditch-digging machine powered by direct current electric trolley. The incident also severed the miner’s leg at the hip.

He was transferred to nearby Wheeling Hospital, and was pronounced dead two hours later.

A complaint filed last week by the victim’s daughter, identified by legal journal the West Virginia Record as Gene Ann Marie Blythe, was initially filed in Marshall County Circuit Court but has since been transferred to US District Court in Wheeling.

It claims McIntire’s supervisor failed to perform a safety inspection and also did not keep the machine in a safe operating condition. Additionally, she alleged, the unit did not have emergency shut-off switches.

In its investigation of the incident, the state Office of Miners’ Health, Safety and Training cited the operator for two equipment-related violations.

A hearing date was not available for the case, known formally as 12-C-106.

A spokesperson for Pennsylvania-based Consol had no comment as of Wednesday.

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