Released on = June 1, 2007, 7:12 am

Press Release Author = Lala C. Ballatan

Industry = Law

Press Release Summary = A wrongful death lawsuit case is filed on Monday, May 21,
2007 in Harlan County by four widows, survivors of workers who died in an
underground mine explosion last year, against managers of Kentucky Darby LLC. The
plaintiffs alleged that there were copious safety violations by the said mining
company, the coal boss being Ralph Napier and Darby Mine No. 1 provider of mine
planning and engineering, management, safety training etc., Jericol Mining.

Press Release Body = A wrongful death lawsuit case is filed on Monday, May 21, 2007
in Harlan County by four widows, survivors of workers who died in an underground
mine explosion last year, against managers of Kentucky Darby LLC. The plaintiffs
alleged that there were copious safety violations by the said mining company, the
coal boss being Ralph Napier and Darby Mine No. 1 provider of mine planning and
engineering, management, safety training etc., Jericol Mining.

Los Angeles, California, May 27, 2007 - In the blast which happened the a year and
a day before, Amon "Cotton" Brock, 51, the shift foreman and Jimmy Lee, 33, died at
the scene.

The two were allegedly responsible for the explosion since they are the ones who
ignited it by using a torch nearby some methane leaks.

Meanwhile, three other victims died by smoke inhalation and poisoning by carbon
monoxide, Paris Thomas Jr., 53, Roy Middleton, 35, and Bill Petra, 49.

Of the victim's survivors, Imogene, Brock's widow is the only one who is not listed
as plaintiff of the lawsuit.

The main allegations of the plaintiffs according to court papers was that the
defendants have put mine production over worker's safety and became the main reason
for the wrongful death of the victims.

The complaint further alleged that Napier's appointment of Brock as foreman is part
of the violation in worker's safety since he have always known and been warned that
the killed foreman was a flagrant violator of the safety laws in mining. Brock had
always placed the production of coal over the welfare and safety of the mineworkers
he is supervising.

The lawsuit seeks indefinite damages for the expenses suffered by the four widows
upon their husbands' death. Moreover, they are seeking damages for the emotional
distress and mental suffering they injured along with physical pain suffered by
Darby's miners, including the blast survivor, Paul Ledford.

The plaintiffs also seek just indemnification from the workers' emergency air packs
manufacturers.

Presently, the surviving worker, Ledford and the widows are mainly depending on the
benefits from worker\'s compensation according to their attorney, Tony Oppegard.

Oppegard declared that the main objective for the lawsuit is to have just
compensation for the killed miners' families because they definitely cannot live on
the worker\'s compensation benefits.
Kent Hendrickson, Napier\'s attorney from Harlan declared that he have already
received a copy of the lawsuit papers but have not yet come around to reviewing it
yet.

According to a statement, the emergency air packs manufacturer's president, Scott
Shearer, have not yet received a complaint copy but he confirmed that they stand by
their products.

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