According to a report in the West Virginia Record, a group comprising Patrick Kinser, Randy Crouse, Steve Hensley, Michael Shull, Joe Hunt, Gary Baisden and Thomas Vanover filed documentation against both Massey and Aracoma in the local county circuit court July 6.

All were in the complex’s No. 2 mine last year when fire forced an evacuation.

According to the suit, all of the men are claiming that the Aracoma mine did not maintain safe conditions. They also said that their air intake during the time could lead to tissue injury and destruction, upper and lower respiratory tract injury, pulmonary irritation, thermal damage and asthma issues.

In the January 19 accident, Ellery Elvis Hatfield and Don Bragg got lost in their escape attempt and died inside the mine. After the fire, which was started because of belt rubbing against bearings, two fire extinguishers were used on the fire, but did not put it out.

Also, the paper said, the sprinkler system at Aracoma was not configured properly, and smoke flowed into the active section, complicating efforts to both extinguish and escape.

“The smoke should have flowed through the longwall section, but a required ventilation control safety barrier was missing, reversing the air direction in the longwall belt area and causing the No. 2 section to fill with smoke,” the suit says. The mine’s stoppings had just been removed a few weeks prior.

The families of the two men who were killed in the accident filed suit last December.