According to state legal journal the Pennsylvania Record, Thomas Peters filed his complaint in December in state court and named Alpha as well as Amfire Mining as defendants.

In his complaint, the miner said he sustained facial fractures, including a broken jaw, at the Dora No. 8 deep mine in Hamilton, Jefferson County, on January 18, 2012, when the brakes on the Johnson mantrip he was operating failed, which led to the unit careening into a pole.

In addition to a fractured jaw and extensive facial lacerations, he also received a left-sided orbital fracture requiring surgery, a nasal fracture, eight rib fractures, a left elbow fracture requiring numerous surgical procedures and tendon tears, the complaint states.

According to Peters’ filing, the unit was travelling downhill to enter the mine when the malfunction occurred and resulted in a high-speed collision with a telephone pole.

He said the defendants were responsible for the vehicle’s maintenance and care and accused the parties of negligence for failing to properly inspect, repair and maintain the device.

He said Alpha and Amfire also failed to adequately warn him of the faulty mantrip or ensure that the brakes were in working order.

He argued that the producer allowed the mantrip to be maintained without a proper braking system.

The miner, according to the Record, claims he suffered “substantial facial and bodily disfigurement” and lost earnings due to his inability to work.

He said he also experienced great pain and suffering, embarrassment, inconvenience and mental anguish following the incident.

“Defendant Alpha Natural Resources, Inc. negligently failed to put in place any standardised operating and safety procedures for the Dore #8 deep mine and/or negligently failed to monitor defendant Amfire Mining Company compliance with standardised operating and safety policies and training for the … mine,” the complaint stated.

On January 6, Jackson Kelly Pittsburgh attorneys Michael Leahey and Daniel Michelmore, both representing the defendants, filed a removal notice with the US District Court for the Western District of Pennsylvania seeking the jurisdiction of a federal judge for the litigation.

According to the Record, the pair feels the amount in controversy in the case will exceed $US75,000, supported by the miner’s pre-suit demand of $2.75 million.

The $75,000 figure would trigger federal court oversight, they said.

Peters is being represented by Rudberg Law Offices.

The federal case number is 2:14-cv-00021-DSC.