Mining Accidents

Boner V. Keenan Industries, Inc., Robert Keenan, Individually; Dunn Coal And Dock; Cyprus Amax Minerals Company; Cyprus Amax Coal Company; Cannelton Coal Industries, Inc.; Cannelton Coal Company; Kanawha River Mining Company; Mariners Museum-Huntington Trust; J.C. Hamer, Inc.; and Forest Land Services, Inc.

John Boner was a forester working for Keenan Industries on a mountain top removal clear cut job. Prior to blasting the mountain to remove coal, the landowner has the timber “clear cut” and sold for profit. During the operation, Mr. Boner was killed when a large rock became dislodged as a result of a bulldozer being improperly operated above foresters on the mountain. Mr. Boner’s employer and its insurance company denied that the bulldozer caused the accident and attributed the accident to an “act of God.”

The Boner family retained Chris Heavens when it could not get straight answers. Heavens investigated and determined that Keenan Industries was hired and controlled by another firm that actually contracted to perform the work. Heavens also learned that the property in question fell under the purview of a mining permit, making it illegal for the timbering companies to place non-certified miners on-site. Heavens filed a lawsuit on behalf of the Boner family against all of the timbering companies, the mining company and the landowner.

Heavens hired mine safety and timbering experts to assist in presentation of all theories of liability on behalf of the Boner family. Eventually, all of the defendants settled the case.

Result: $4.5 Million Dollar Settlement*