1/28/2009 - Mitch Frost and Brad Hendrix successfully defend Coal Mining company in blasting trial
Mitch Frost and Brad Hendrix successfully defend Coal Mining company in blasting trial
January 21, 2009 - Mitch Frost and Brad Hendrix successfully defended a surface coal mining company during a 7-day trial in Walker County, Alabama, beginning on January 12, 2009. At issue in the trial were the plaintiffs claims that 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 also claimed the mining operation caused rocks, dust and debris to land on their property and sought to recover damages for emotional distress and mental anxiety, as well as punitive damages.
In addition to the coal mining company, the plaintiffs also sued the blasting subcontractor responsible for the underground detonations. Prior to trial, the blasting company settled with the plaintiffs and the case proceeded against only the mining company.
The law in Alabama regarding blasting claims is very favorable to the plaintiffs. Plaintiffs do not have to present any expert testimony proving their allegations nor do plaintiffs have to witness the damages occur. The courts merely require testimony that the plaintiff have no recollection of the damages before the blasting began. The plaintiffs can also serve as their own experts regarding the alleged decrease in the home’s value. 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 contradicting plaintiffs' claims and demonstrating that the plaintiffs' damages were caused by several factors unrelated to surface coal mining. In addition, cross-examination of the plaintiffs proved inconsistencies and exaggerations regarding the origination and extent of the claimed property damage.
The plaintiffs asked the jury for $975,000.00 in compensatory and punitive damages. The jury rejected this amount and returned a verdict consistent with the evidence and testimony put forward by the defense. The jury returned a total verdict of $62,500.00 but the defendant was entitled to ‘set off’ the prior settlement of the blasting subcontractor. This resulted in a meager verdict against the coal mining company of $12,500.00. Congratulations to the client for this outstanding result!
If you have any questions about this trial please contact Mitch Frost or Brad Hendrix. For questions or information about the firm's experience with coal mining claims, please contact the lawyers in our Mining Activities and Regulations Practice Group.
