PITTSBURGH – CONSOL Energy has filed preliminary objections for improper venue, in an action filed by a Virginia couple for injuries the husband allegedly suffered during the derailment of a mine car tour given in one of the company’s West Virginia mines.
On May 12, Daniel Carro and Sheryl Carro of Glen Allen, Va. first filed suit in the Allegheny County Court of Common Pleas versus CONSOL Energy, Inc. of Canonsburg.
Daniel was employed by Dominion Energy in Richmond, Va., a company which purchased coal from CONSOL. On June 5, 2018, he and several other Dominion employees completed a safety orientation and then toured CONSOL’s Bailey Mine, located in Wind Ridge.
During the tour, the mine car Daniel was in slipped off the track and he struck his head several times on the flat metal roof of the rail car, the suit said.
Despite wearing a hard hat at the time and as a result, Daniel began to experience severe neck pain, vision problems and neurocognitive issues, the suit added.
On June 16, CONSOL Energy claimed the case was filed improperly in the Allegheny County Court of Common Pleas and argued it should be transferred to its counterpart in Washington County.
“Plaintiffs in this case are domiciled in Glen Allen, Henrico County, Virginia. CONSOL is headquartered in Canonsburg, Washington County, Pennsylvania and incorporated under the laws of Delaware. Plaintiffs do not aver that any of the events giving rise to this cause of action occurred in Allegheny County. As the result of an accident that occurred in Marshall County, West Virginia, plaintiffs now allege personal injury,” the defendants replied.
“It is clear that Allegheny County is an improper venue because: CONSOL is not headquartered in Allegheny County, CONSOL does not regularly conduct business in Allegheny County; The accident occurred in Marshall County, West Virginia; No transaction or occurrence giving rise to the cause of action occurred in Allegheny County and the subject of this litigation is not real property (situated in Allegheny County or otherwise).”
For the aforementioned reasons, the defendants seek to have the action transferred to the county where CONSOL Energy is based and the only forum where it feels venue would be proper, that being Washington County.
For counts of negligence and loss of consortium, the plaintiffs are seeking damages in excess of $50,000, plus costs and a trial by jury.
The plaintiffs are represented by Timothy Conboy of Conboy Law, in Pittsburgh.
The defendant is represented by Michael P. Leahey of Jackson Kelly, also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-20-005666
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com