The lawsuit, field Wednesday in 3rd District Court in Salt Lake City, alleges that Murray Energy and its subsidiaries and co-owners should have known that the mining at Crandall Canyon was unacceptably treacherous. Computer models showed the mine would be unstable and serious damage done by a March 2007 cave-in had forced the company to abandon mining in that area.
But the company pushed ahead, the lawsuit says, armed with flawed studies from its engineering firm Agapito Associates Inc. - which is also named as a defendant - because of its desire to make money.
"We allege that greed, that profits took a higher priority in these operations than the safety and sanctity of human life," said Ed Havas, an attorney for the families.
Kevin Anderson, Murray Energy's attorney said that the company will "defend itself vigorously" from the false claims meant to "sensationalize this matter and vilify the companies and Mr. Robert E. Murray."
"What happened at the Crandall Canyon Mine last August was a horribly tragic and completely unforeseen event of immense and unprecedented magnitude. Our clients did not cause this," he said, and expressed confidence a jury will agree.
Brandon Erickson, the son of Don Erickson, who was killed in the Aug. 6 collapse, watched somberly with his wife as the plaintiffs' lawyers described the allegations. They declined to discuss the case afterward.
The suit seeks unspecified damages for 20 survivors named. Others are likely to be added.
"What is the value of nine of these men who died?" asked Colin King, representing the families. " . . . Our clients in the room here, who live down there, they're going through hell and this is something that should've been avoided and it's something we intend to do as much as we can to correct."
Six miners were entombed on Aug. 6 when the weight of the mountain above the mine caused an "bump" that blasted coal into the area where they were working. Three more men were killed and six others injured 10 days later by another bounce during rescue efforts.
Intermountain Power Agency, the co-owner of the mine that bought the coal to produce electricity, and the Los Angeles Division of Water and Power, a partner in IPA, were also named as defendants.
In a joint statement, IPA general manager James Hewlett and LADWP general manager and CEO David Nahai said that "the loss of life and injuries at the Crandall Canyon Mine was tragic."
"We respect the right of individuals to pursue legal recourse in the courts and trust in the fairness of the judicial system to address such litigation," they said.
King said the warning signs should have made it abundantly clear that the type of mining being done in Crandall Canyon was dangerous: "This is not a mystery. It's very clear what the tradeoffs were and that's the tragedy."
