PITTSBURGH — The manufacturers and distributers of a bolter miner are facing a suit after a former mine worker was struck and crushed when the machine suddenly moved on its own.
Jerry Michael Baker and Amy Baker, filed a complaint May 21 in the U.S. District Court for the Western District of Pennsylvania against Sandvik Inc., Sandvick Mining and Rock Technology and others alleging strict product liability, breach of warranty and negligence.
According to the plaintiff's complaint, Jerry Baker was working as a second shift boss at Consol's Enlow-Fork underground mine on May 22, 2019. The plaintiffs allege that a Sandvik bolter miner boom "moved immediately and unexpectedly" on its own without any remote-control switch being operated and struck Jerry Baker in the back and pinned him between the boom and rib for 20 to 30 seconds and caused him to briefly lost consciousness.
The plaintiffs further allege that there was no alarm or other warning to indicate the bolter was being started and that as a result of the accident, he was hospitalized for four weeks due to injuries to his chest, ribs, lungs, shoulder, back and neck. They claim he also required multiple surgeries, rehabilitation and other treatment and that a U.S. Department of Labor, Mine Safety and Health Administration investigation found the machine's valve bank contained debris, the machine's "flipper/shield protector and solenoids" were damaged and the boom had been stuck in the open position.
The plaintiffs seek monetary relief of more than $75,000, interest, trial by jury and all other just relief. They are represented by J. Ryan Stewart and Taylor Norman of Bailey Javis & Carter LC in Charleston, West Virginia and Paul Tershel and Jarrod Takah of Tershel & Associates in Washington, Pennsylvania.
U.S. District Court for the Western District of Pennsylvania case number 2:21-CV-00683