West Virginia Worker Wants Wrongful Death Case Dismissed

July 3, 2012

The former supervisor of an Ohio man killed at West Virginia’s Shoemaker Mine says a federal judge should dismiss the wrongful death lawsuit against him.

Joseph Ontko filed a motion in U.S. District Court in Wheeling, saying only the employer _ not a fellow employee _ can be held liable under the law.

Charles “Whitey” McIntire of Shadyside, Ohio, died last October when a ditch-digging machine surged forward, tore off his leg and pinned him underneath.

The lawsuit says Consol and Ontko failed to conduct a safety hazard inspection, failed to properly maintain the equipment in safe operating condition and failed to ensure the machine had emergency shut-off switches.

McIntire’s daughter says those failures caused her father extreme pain and suffering before he died.

Pennsylvania-based Consol hasn’t responded.

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