Kentucky Miner’s Widow Files Wrongful Death Claim

By Richard Seward

Published on February 26, 2007

The lawsuit alleges that rampant drug use ignored by the mine’s owners contributed to the death of David “Bud” Morris Jr., 29, on Dec. 30, 2005. Morris died after his legs were severed by an overloaded coal hauler operated by co-worker Donald E. Allen. According to a report filed by the U.S. Mine Safety and Health Administration, both Allen and Morris tested positive for marijuana and painkillers following the accident.

Additionally, the lawsuit charges Johnson Life Care, an ambulance service, with negligence for failing to promptly respond to an emergency call from the mine.

Gary W. Bentley, the treasurer of the coal company and the only certified emergency mine technician present during the accident, has also been named in the lawsuit. He is accused of failing to provide emergency care that could have prevented Morris’ death.

The lawsuit filed in Harlan County Circuit Court seeks undisclosed compensatory and punitive damages for the victim’s widow, Stella Morris, and her infant.

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