PITTSBURGH – A Virginia couple’s litigation for injuries the husband allegedly suffered during the derailment of a mine car tour given in a West Virginia mine belonging to CONSOL Energy has been transferred to the Washington County Court of Common Pleas.
Daniel Carro and Sheryl Carro of Glen Allen, Va. first filed suit in the Allegheny County Court of Common Pleas on May 12 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).”
UPDATE
On July 2, counsel for CONSOL filed a stipulation explaining the plaintiffs did not object to its request to transfer the case to Washington County and asked the presiding judge to effectuate the transfer.
“Plaintiffs do not contest CONSOL’s preliminary objections based on improper venue and have allowed CONSOL to file this stipulation. Plaintiffs have stipulated that transfer of venue to Washington County, Pennsylvania is proper in this case,” said defense counsel Seth P. Hayes.
“Because CONSOL’s preliminary objections are uncontested, CONSOL requests that this Court sustain CONSOL’s preliminary objections and transfer this matter to the Washington County Court of Commons Pleas based on improper venue.”
On July 6, Allegheny County Court of Common Pleas Judge Arnold I. Klein sustained both the motion for preliminary objections and approved the stipulation, effectively transferring the case to the Washington County court.
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 and Seth P. Hayes of Jackson Kelly, in Pittsburgh and Morgantown, W. Va.
Allegheny County Court of Common Pleas case GD-20-005666
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com