
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: SUNDAY, January 9, 1994                   TAG: 9401090078
SECTION: VIRGINIA                    PAGE: D3   EDITION: METRO 
SOURCE: Associated Press
DATELINE: WISE                                LENGTH: Short

MINE SURVIVOR FILES SUIT

The only survivor of a December 1992 underground mine explosion that killed eight other coal miners has filed a $2.5 million lawsuit against the mine's owner.

Robert Kevin Fleming of Clintwood claimed in the suit filed Thursday in Wise County Circuit Court that the negligence of Apple Coal Co. contributed to the Dec. 7, 1992, explosion at the Southmountain Coal Co. Mine No. 3.

The suit said Southmountain is a subsidiary of Apple.

State and federal investigators have said the blast was most likely caused by a buildup of methane in the mine that probably was ignited by a miner smoking underground. State and federal law prohibit smoking materials in all underground mines.

The suit claims Apple was negligent in failing to install and maintain a proper ventilation system; allowing methane gas to build up in the mine; failing to search miners on entering the shaft for smoking materials; allowing coal dust to build up in the mine; and using mining techniques that increased the concentration of methane in the shaft.

Fleming, 21 at the time of the explosion, was working about 400 feet from the mine entrance and was able to crawl to safety. He was treated for second-degree burns.

The suit claims Fleming has permanent injuries from the explosion.

Attempts to reach Apple Coal Co. officials were unsuccessful. There is no telephone listing in the Wise County for the company.

by CNB