Deel v. United States Ex Rel. Department of Labor

TURK, District Judge.

I

This ease arises from a mining accident on November 18, 1992, which resulted in the death of Everett Deel. On. that date, Deel was working as a continuous miner operator at the Dominion Coal Company’s No. 1 Mine at Oakwood in Buchanan County, Virginia. While Deel was performing his duties, the mine roof collapsed and Deel was trapped in the operator’s compartment of the continuous miner. He was later pronounced dead.

The continuous miner operated by Deel did not have a safety canopy as required by the Mine Safety and Health Administration (MSHA). See 30 C.F.R. §…