Spence Law Firm NM, LLC: N.M. Welder Crushed During Coal Mine Earth Mover Repair

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Lawsuit: Safety shortcuts, failed emergency response caused wrongful death of 23-year-old man

SANTA FE, N.M., Dec. 10, 2024 /PRNewswire/ -- A new lawsuit alleges that the death of a 23-year-old worker at a New Mexico coal mine was caused by a series of safety lapses and a failed emergency response, The Spence Law Firm, LLC and co-counsel said today.

In the early hours of August 23, 2022, David Warren, a contract welder, was sent to repair a latch on a 13-ton steel door of an industrial earth moving shovel at the El Segundo Coal Mine outside Grants, N.M. To access the latch, the mine company designed a practice of "blocking" open the door with a large plastic block or stop. According to the lawsuit, as Warren worked on the latch between the edge of the dipper bucket and the steel door, the plastic block shot out, and the door crushed Warren at his waist and pelvis, leaving his legs hanging outside the bucket and his torso and upper body trapped inside.

"Warren shrieked in pain," the lawsuit alleges. "After some delay, the shovel operator lifted the dipper (with Warren trapped inside) into the air, opening the dipper door with gravity. The shovel dropped Warren some seven feet to the ground below… No one called 911. A mine worker called the life flight company directly, avoiding reporting to local authorities. And the mine provided the wrong coordinates to the emergency responders. Warren died still waiting for a life flight, more than an hour later."

The defendants in the case are Peabody Energy, Inc., El Segundo Coal Company, LLC; Seth Puls, the general manager of the mine; William Jarrell, the safety manager of the mine; and Caterpillar, Inc. The lawsuit alleges negligence, products liability and wrongful death, and breach of implied warranty.

The defendants are accused of not providing a safe procedure for maintenance-related blocking of the dipper door, written standard operating procedures, adequate training, or a rescue plan. The lawsuit also asserts that other rescues at the mine had been delayed by communication and process failures. Caterpillar has since developed a latch-free dipper door, demonstrating the feasibility of a safer alternative design.

The lawsuit alleges, "This Incident and Warren's death was not an isolated incident: the El Segundo Mine was more dangerous than similar mines. In 2021, the year preceding Warren's death, the non-fatal days lost incident rate for the El Segundo mine was 1.44 compared to the national average of 0.97 for mines of this type."

The family of Mr. Warren is represented by Tyson E. Logan and Sarah A. Kellogg, of The Spence Law Firm NM, LLC, of Albuquerque, NM; and Phil Nicholas, of Nicholas & Tangeman, LLC, of Laramie, WY.

David Warren's family said, "We know this should not have happened. It's not right. It's been devastating for our family. We want more answers and justice – and we want to help other families avoid what we're going through."

Tyson E. Logan, of The Spence Law Firm NM, said: "The search for the truth for the Warren family will continue. It's clear to us now, though, that this was a dangerous operation by companies taking shortcuts. A series of safety lapses at the El Segundo mine caused David's death. The aftermath and disastrous emergency response really aggravate this tragedy. We are here for this family—we are here for real change."

The case is Todd Lopez, as Wrongful Death Representative for the Estate of David E. Warren, III, deceased, v. Peabody Energy, Inc., El Segundo Coal Company, LLC, Seth Puls, William Jarrell, and Caterpillar, Inc., Case No. D-101-CV-2024-00910 in the First Judicial District Court of Santa Fe County, New Mexico.

Contact: Erin Powers, Powers MediaWorks LLC, for The Spence Law Firm, LLC, 281.703.6000, [email protected].

SOURCE The Spence Law Firm NM, LLC