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.
Was this article valuable?
Here are more articles you may enjoy.
How Three New CMS Policies Impact Workers’ Comp Claims 
Heavy Snow Pushes Northeast From NYC, Raising Risk of Traffic and Air Delays 
Wells Fargo Whistleblower on Sham Interviews Wins Right to Sue 
Massive Wildfire Liabilities Push Utilities to Use AI to Stop Blazes 
Want to stay up to date?
Get the latest insurance news
sent straight to your inbox.