West Virginia Department of Energy v. Hobet Mining & Construction Co.

NEELY, Justice:

This case arises from an accident at Ho-bet Mining Company’s strip mine located in Boone County. Hobet was in the process of removing material known as innerbur-den to reach a coal seam at Hobet Mine No. 21. The ordinary procedure for removing innerburden is to drill holes into the strata, pack the holes with explosive charges, detonate the charges, remove the shattered material and repeat the process. After one such charge was detonated, Burton N. Lay was struck in the back by a piece of fly rock that had traveled 1,115 feet. His resulting injuries required extensive medical…