{Charleston, West Virginia}...The West Virginia Supreme Court held a hearing Wednesday in Charleston to attempt to determine whether the federal Mine Safety and Health Administration should be held personally liable for the 2006 fire at the Aracoma mine in Logan County that claimed the lives of Don Bragg and Elvis Hatfield. The 4th District U.S. Court of Appeals is considering the case filed by widows Delorice Bragg and Freda Hatfield. Attorney Bruce Stanley told justices they're only asking them to decide whether if a private person were to engage in the same malfeasance, nonfeasance, misfeasance, that the federal government engaged in would that private person be liable under West Virginia law? Stanley says MSHA turned a blind eye and invited the disaster. Federal government attorney Benjamin Kingsley argued MSHA was not operating like a private person in its relationship with the mine, and, although inspectors made mistakes, they weren't there to create a harm but to protect someone from that harm. He says Massey Energy was ultimately responsible. He told the Court limitless liability is a dangerous road. The 4th Circuit will now wait on the West Virginia High Court's answer before making a decision on the appeal from the widows. The lawsuit against MSHA was dismissed by U.S. District Judge John Copenhaver in July 2010.
