John Whitfield recalls the William Station Mine explosion 35 years later
44 News featured attorney John Whitfield, remembering the 10 miners who died 35 years ago at the Pyro's William Station Mine near Sullivan, Kentucky.
John Whitfield represented several of the widows in civil lawsuits after a tragic explosion occurred at the mine. That lawsuit helped increase accountability and stricter mine safety guidelines for the next generation of coal miner’s. His work, on behalf of the families of the victims, contributed significantly to the increased safety standards.
Roger Braden, John’s co-counsel in the case, authored a book about the case which details his first-hand account of the events and litigation. The case was of the utmost importance to the lawyers, who adopted a “win or die trying” attitude about the case. “If we did not prevail, the ten widows and 19 children of the dead miners, who lived in nice middle-class houses, would almost immediately be placed in poverty,” Braden writes.
Typically, employees injured or killed on the job cannot bring injury or wrongful death lawsuits, and they are only able to pursue workers’ compensation claims which provide minimal recoveries for the family. Getting a larger recovery, outside of a workers’ compensation claim, took skilled and creative lawyering, along with hard work.
Based upon what they heard during hearings convened by the United States Mine Safety and Health Administration, the two lawyers developed a theory that the venting system had been compromised by the removal of a brattice directing air flow and by a flood that had been allowed to stand in the mine, impairing air circulation. It also became clear to the two lawyers that MSHA inspectors had been less than vigilant in enforcing rules and permits governing the ventilation system, and that the operators had altered the system and concealed alterations from the inspectors.
The lawyers’ resolve to see their case to the end was hardened when they were invited to a meeting at a prominent law firm defending the mine operator, where they were told, “Boys, I don’t know how to say this, and I hope I don’t hurt your feelings, but I don’t think you’re up to the task of taking us on.”
The lawsuits were ultimately successful, and the families were kept out of the poverty they likely faced without the efforts of John Whitfield and Roger Braden. Moreover, the cases launched John Whitfield’s storied career as a trial lawyer in the corner of grieving families and injured individuals all over the country. John and the lawyers at Whitfield, Crosby & Flynn continue that work to this day.
