The U.S. 4th Circuit Court of Appeals in Richmond could decide by the end of summer to certify a question to the West Virginia Supreme Court in connection with a lawsuit filed by Delorice Bragg and Freda Hatfield, the widows of the 2006 Aracoma mine fire that killed Don Bragg and Elvis Hatfield. The Aracoma Coal operation was located in Logan County and owned at the time by Massey Energy. During an appeal hearing last week, judges’ questions focused on whether MSHA's actions at Aracoma violated West Virginia state law. Bruce Stanley, the lawyer for Bragg and Hatfield, argued MSHA's inspectors didn't do their jobs at Aracoma and must be held accountable in part for the deadly fire. Stanley told the appeal panel that, when a government inspector goes into a mine and sees first hand life-threatening conditions and then affirmatively chooses not to do anything about it, he breached a duty. Ben Kingsley, arguing the case for the federal government, said it's not MSHA's duty to protect coal miners, and it is not reasonable to rely on the government to assume the duty to protect you. Kingsley citied the MINER Act and said the primary duty for safety is always on the mine operators and the miners. The lawsuit against MSHA was dismissed by U.S. District Judge John Copenhaver in July 2010.
