{Wheeling, West Virginia}...Sixty-two year old Charles McIntire of Shadyside, Ohio, died October 17, 2011, when a ditch-digging machine surged forward and ran over him at West Virginia's Shoemaker Mine, ripping off his leg. His family has filed a wrongful death lawsuit against Pennsylvania-based Consol Energy. The lawsuit says Consol and McIntire's supervisor failed to conduct a safety hazard inspection, failed to keep the machine in safe operating condition and failed to ensure it had emergency shut-off switches. The state mine safety office issued two violations related to the equipment. The complaint by McIntire's daughter was originally filed in Marshall County Circuit Court but was recently transferred to U.S. District Court in Wheeling.