Mine owner sued for more than $1 million

Staff report

YOUNGSTOWN

The administratrix of the estate of a drill operator killed in an accidental ceiling collapse in an underground Petersburg limestone mine a year ago has sued the mine owner for more than $1 million.

The estate administratrix, Karen A. Harris, filed the civil suit Wednesday on behalf of Jason E. Gudat, 31, of Washingtonville, in Mahoning County Common Pleas Court against the North Lima-based East Fairfield Coal Co. The coal company owns the Subtropolis Mine, where Gudat was killed by a slab of falling rock April 25, 2011.

The lawsuit demands a jury trial and is assigned to Judge James C. Evans. It seeks more than $25,000 in compensatory damages and more than $1 million in punitive damages.

East Fairfield Coal Co. officials did not respond to a request to comment.

“Adequate roof bolts were not installed,” the suit says, adding that management breached its duty to provide a safe working environment.

An accident investigation by the U.S. Mine Safety and Health Administration determined the area where the rock fell was not examined by an experienced management designee before work began and that proper roof-bolting procedures were not followed.

The federal agency added, however, that management had corrected the violations by mid-May 2011.