The family of an Ohio man who died after his losing his leg at West Virginia's Shoemaker Mine has filed a wrongful death lawsuit against Consol Energy.
Sixty-two-year-old Charles McIntire of Shadyside died Oct. 17, 2011, when a ditch-digging machine surged forward and ran over him. The lawsuit says Consol and McIntire's supervisor failed to conduct a safety hazard inspection, failed to keep the machine in safe operating condition and failed to ensure it had emergency shut-off switches. The state mine safety office issued two violations related to the equipment. The complaint by McIntire's daughter was originally filed in Marshall County Circuit Court but recently transferred to U.S. District Court in Wheeling.