From Deseret News archives:
Coal-mine owners defended
Law firm flays attempt 'to sensationalize, vilify'
The suit was filed Wednesday in 3rd District Court, alleging several companies have responsibilities for the coal "bump" of Aug. 6, 2007, that killed six miners or left them trapped to die in the debris. Three others were killed and several injured 10 days later during the rescue attempt.
The suit was filed on behalf of the survivors of those killed Aug. 6 — Kerry Allred, Don Erickson, Luis Hernandez, Carlos Payan, Brandon Phillips and Manuel Sanchez — plus two of the rescuers who were injured on Aug. 16, Joseph Randy Bouldin and Casey Metcalf.
Bouldin and Metcalf were said to have been seriously injured but are doing better.
Defendants are Murray Energy Corp., UtahAmerican Energy Inc., Andalex Resources Inc., all entities in Murray's half-ownership of the mine; Agapito Associates Inc., the mine owners' consulting company; Intermountain Power Agency and the Los Angeles Department of Water and Power. The department is part of the IPA consortium, which is the other half-owner.
Three other men — Dale Black, Gary Jensen and Brandon Kimber — were killed Aug. 16 while trying to rescue the six. Those three are not included in the suit, but Black's wife, Wendy, and at least one other are expected to join as plaintiffs soon, attorney Colin King said in a news conference Wednesday.
Kevin Anderson, shareholder at the law firm Fabian & Clendenin, Salt Lake City, released a statement Wednesday afternoon charging the lawsuit has "numerous false statements of fact included simply to sensationalize this matter and vilify the companies and Mr. Robert E. Murray." The firm represents Murray Energy Corp., UtahAmerican Energy Inc. and Andalex Resources Inc.
The lawsuits by survivors were expected, and it is anticipated that the defendants will defend themselves vigorously.
"We do, though, want to be clear on a critical point — we grieve with the families and hold no ill will toward them," Anderson wrote.
"Indeed, from the beginning we have assisted the families in making sure all of their basic needs were met. We have also aided them and their attorneys in successfully processing life insurance and workers' compensation claims. We understand that the loss of their loved ones and the deep hurt they feel all add up to their desire to do something."
Anderson said the firm has had little time to review the lawsuit but said that it contains false statements intended to sensationalize and vilify.
