Delorice Bragg and Freda Hatfield filed the suit Tuesday in Logan Circuit Court, naming Massey and subsidiary AT Massey Coal, the operating owner of Aracoma, as defendants, according to the Associated Press. They are the widows of Don Bragg and Ellery Elvis Hatfield.

In documentation of the lawsuit, which seeks unspecified damages, the two point a finger to company chief Don Blankenship for “personally endangering a corporate attitude of indifference and hostility towards safety measures which stood in the way of profit”. Additionally, they claim “severe emotional distress” on the part of their husbands, as the two attempted unsuccessfully to escape the flames and smoke.

Massey Energy confirmed the existence of the suit Wednesday when it issued a statement refuting Bragg and Hatfield’s claims: “Massey Energy and its members continue to grieve the loss of Don Bragg and Elvis Hatfield,” Blankenship said.

“We disagree with the false allegations made in the suit, but our thoughts remain with the families and our focus will continue to be on efforts to make our mines safer.”

In November, a report released by the state's Office of Miners' Health Safety and Training cited Massey foremen Christopher Herndon and Terry Shadd for their involvement in the situation, claiming the pair knowingly violated mine safety rules. An independent report released the week prior by J Davitt McAteer claimed that while state and federal investigation teams did not discover violations of safety regulations that he said contributed to the Aracoma conveyor belt fire, Massey was to blame for the incident.

The producer responded then as well: “As stated earlier, it appears that deficiencies at the Alma No. 1 mine were not fully recognised by mine personnel or by state or federal inspectors. Massey Energy remains committed to working with federal and state agencies to fully understand the causes of the accident and to prevent a similar occurrence at Massey Energy or elsewhere in the future.”

A federal investigation by the Mine Safety and Health Administration and the US Attorney’s Office into the January 19 incident, which was caused by a misaligned belt, is still ongoing.

In related news, local West Virginia media reported late Wednesday afternoon that the families of the 12 men who died in the Sago mine explosion January 2 met with the WVOMHST at West Virginia Wesleyan College to review a revised report about the incident.

According to newspaper the State Journal, the families of the late Tom Anderson and George Hamner Jr left early out of frustration. The 450-page PowerPoint presentation, they said, did not contain any new information and was a “mirror image” of the report released by mine owner International Coal Group earlier this year.

Originally scheduled to be released and discussed publicly last Monday, the report was withdrawn the morning of the briefing because of concerns the families had over its contents. As of Wednesday afternoon local time, the revised report had not been publicly released.