4/17/2008 - Mitch Frost and Brad Hendrix win Defense Verdict in Coal Mining Blasting Trial
Mitch Frost and Brad Hendrix represented a local surface coal mining company in a jury trial in Walker County, Alabama. The plaintiffs claimed repeated blasting at the coal mine produced excessive air and ground vibration causing significant damage to their home. In addition to the alleged decrease in the value of their home, the plaintiffs sought to recover damages for emotional distress and mental anxiety, as well as punitive damages.
The plaintiff must prove their alleged damges were caused by blasting, but the legal standard for doing so is very favorable to the claimant. The plaintiff does not have to present expert testimony regarding the cause of the damages nor does the plaintiff have to witness the damages occur. The courts merely require the plaintiff to state he has no recollection of the damages before the blasting began. Moreover, once the plaintiff establishes that blasting is an abnormally dangerous activity, the blasting company may not use as a defense that the blasting was conducted in a reasonable and legal manner.
At trial, Mr. Frost and Mr. Hendrix presented expert testimony regarding the force and dynamics of the defendant's blasting activities. Simply put, the explosives utilized by the defendant were insufficient to generate the air and ground vibrations necessary to cause the claimed damages. Moreover, counsel presented expert testimony of structural specialists and general contractors to prove the existing problems with plaintiff's property resulted from factors unrelated to the surface coal mining.
After a four day trial, the jury returned a defense verdict. If you have any questions about this trial or the firm's experience with coal mining claims, please contact Mitch Frost or Brad Hendrix
