More responses filed to Crandall Canyon lawsuit

Published: Thursday, April 3 2008 12:48 p.m. MDT

The Intermountain Power Agency and Los Angeles Department of Water & Power, half-owners of the Crandall Canyon Mine, issued a statement Thursday responding to a lawsuit that seeks damages on behalf of the estates of miners whose bodies were never recovered after they were trapped in the mine Aug. 6.

"The loss of life and injuries at the Crandall Canyon Mine was tragic," reads a statement by IPA General Manager James Hewlett and LADWP chief executive and General Manager David Nahai. "Our sympathies continue to go out to the families of those who lost their lives as well as those who suffered injuries during the rescue efforts. We respect the right of individuals to pursue legal recourse in the courts and trust in the fairness of the judicial system to address such litigation."

Families of the six miners trapped after a "bounce" in the mine Aug. 6 are plaintiffs in the lawsuit, with the families of one or more of the three rescuers killed in the mine 10 days later expected to join the suit in the next few weeks, according to the attorneys who filed the suit.

Murray Energy Corp. is the other half-owner of the mine and issued a statement responding to the lawsuit Wednesday afternoon.

"We grieve with the families and hold no ill-will toward them," reads a statement from Murray Energy lawyer Kevin Anderson. "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."

Addressing the lawsuit directly, Anderson said, "We can unequivocally say that it contains numerous false statements of fact included simply to sensationalize this matter and vilify the companies and Mr. Robert E. Murray.

"What happened at the Crandall Canyon Mine last August was a horribly tragic and completely unforeseen event of immense and unprecedented magnitude. Our clients did not cause this. We feel confident that an unbiased jury that is shown all of the relevant and accurate facts will agree."

A March 11, 2007, coal bounce — a violent bursting of coal and rock caused by pressure or stress — led to the closure of the mine's North Barrier under conditions virtually identical to those in the South Barrier area on Aug. 6, according to the complaint.

Attorneys representing the miners' families claim Robert Murray knew about the earlier bounce "on the very day it occurred, contrary to his later claims that he had not heart of it before the fatal Aug. 6 bounce," and that ignoring its dangers created the unsafe conditions that left six miners trapped after the Aug. 6 bounce.


E-mail: sfidel@desnews.com

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