Suit filed over coal truck driver's death

SALT LAKE CITY — The family of a man killed in a 2007 industrial accident has filed a lawsuit against a coal-mining company owned by the polygamous Kingston clan.

David Whiting, 31, was driving a coal truck on Dec. 12, 2007, to the Bear Canyon Mine in Emery County when the truck became stuck on the main access road, according to a complaint filed last week in 3rd District Court.

An employee of C.W. Mining Co., which operated the mine, used a front-end loader in an effort to free Whiting's truck but failed to set the parking brake or secure the loader's tires, the lawsuit states. The loader rolled backward, crushing Whiting against the front of his truck. He died at the scene.

Whiting's widow, Layci Whiting, and other family members say the Elmo, Emery County, man's death was the result of negligence by the mining company and unnamed employees. They allege the company failed to properly maintain the access road and did not inspect its heavy equipment and make necessary repairs.

"The brakes on the loader were faulty and inoperable on the date of the accident," the lawsuit states.

In June 2008, the U.S. Mine Safety and Health Administration cited C.W. Mining for three safety violations stemming from the accident that killed Whiting. The company was fined $265,000.

MSHA found that the parking-brake system was not working properly because moisture had frozen in the air lines. The agency also concluded that a failure to chock the wheels of the loader, the absence of a pre-trip inspection, road conditions and a lack of hazard training contributed to the accident.

"The loader was left unattended on the 8 (percent) to 9 percent grade and was not blocked from movement or turned into a bank or berm," according to the MSHA report. "Had this requirement been followed, the accident would have been avoided."

The trucking company Whiting worked for, Trimac Transportation Services Inc., also was cited by MSHA for failure to train Whiting properly. Trimac is not listed as a defendant in Layci Whiting's lawsuit, which seeks general and special damages, including funeral expenses and loss of income.

C.W. Mining, which was owned by the business arm of the polygamous Kingston clan — the Davis County Cooperative Society — filed for Chapter 7 bankruptcy protection in January 2008. The filing came on the heels of a federal court order requiring the company to pay a $24.8 million penalty for failing to fulfill a contract it had with a Missouri utility.

A call Tuesday to bankruptcy trustee Kenneth A. Rushton for comment on the Whiting lawsuit was not returned.

A representative for Hiawatha Coal Co., a successor to C.W. Mining, also declined to comment on the lawsuit. Rushton has contended in court documents that Hiawatha also is owned by the Kingston family. Company officials have denied that claim.

Contributing: Associated Press

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