4th Circuit Certifies Question in Aracoma Negligence Case - Beckley, Bluefield & Lewisburg News, Weather, Sports

4th Circuit Certifies Question in Aracoma Negligence Case

CHARLESTON -

The 4th Circuit Court of Appeals has certified a question to West Virginia's highest court regarding a case filed by two widows following the deaths of two miners in the Aracoma mine fire.

The negligence and wrongful death suit was filed in April 28, 2010, by Delorice Bragg on behalf of her deceased husband, Don Israel Bragg, and Freda Hatfield on behalf of the estate of Ellery Hatfield against the United States.

Bragg and Hatfield asserted the Mine Safety and Health Administration was negligent in its safety inspection of the Aracoma Coal Co.'s Alma Mine. That negligence, they allege, resulted in the death of the two mine roof bolters.  

According to the 4th Circuit's July 17 unpublished per curiam opinion, the federal court dismissed the suit because of the determination that West Virginia law would not hold a private analogue to the MSHA inspectors liable for negligence.   

Fourth Circuit judges certified the question to the West Virginia Supreme Court of "whether a private party conducting inspections of a mine and mine operator for compliance with mine safety regulations is liable for the wrongful death of a miner resulting from the private party's negligent inspection."