WILLIAMSON — A Logan County man and his wife are plaintiffs in a civil action filed Dec. 29, 2009 in Mingo County Circuit Court as the result of an accident in which he was injured in the explosion of an air tank.

Granville “Joe” Justice, who resides at Sarah Ann with his wife and co-plaintiff, Christine E. Justice, was employed by defendant Alpha Natural Resources Services, LLC, on the King Coal Highway project at or near Mate Creek, Red Jacket.

Alpha was engaged in the business of providing maintenance and repair service for mining equipment to co-defendant Nicewonder Contracting Inc. on the King Coal High Project. Nicewonder was at all times relevant engaged in surface mining operations on the project.

Granville Justice was employed by defendant Alpha as a mechanic on the King Coal project and was driver of a mechanic’s truck that contained a 120-gallon air tank. Plaintiff’s job required him to operate and drive the truck, which was owned and leased by Maxxim Rebuild Co., a third defendant in the civil action.

Prior to the date of the Aug. 1, 2008 incident in which Justice was injured, the plaintiff, according to his complaint, reported to his supervisors that the air tank was defective and leaking air and needed to be replaced. Justice claims defendant Alpha directed him to continue driving the truck and, in fact, the supervisor directed that a piece of metal be welded to “patch” the deteriorated air tank.

Justice’s suit claims he was in the back of the truck when the air tank exploded, throwing him several feet and causing him to violently collide with another truck. Plaintiff was rendered unconscious and sustained severe and disabling injuries to his neck, back and shoulder as a result of this explosion, according to his complaint.

The plaintiff sustained severe and permanently disabling injuries to his head and cervical, thoracic and lumbar spine, including a break at C6-7s, as well as psychological injuries, his suit alleges.

Count I of the plaintiffs’ suit alleges that defendant Alpha Natural Resources intentionally required its employee, Justice, to work with an unsafe and defective 120-gallon air tank that was improperly maintained, serviced, altered and/or repaired contrary to mandatory state and federal mine safety regulations.

Count II of the suit alleges an unsafe workplace and negligence on the part of defendant Nicewonder Contracting. Count III claims negligence on the part of the owner of the truck and air tank, Maxxim Rebuild Co.

The fourth count of the suit contains allegations by plaintiff Christine E. Justice that she suffered the loss of society, companionship and consortium of her husband as a direct and proximate result of his injuries and the conduct and actions of the defendants.

The plaintiffs demand a jury trial on the issues of liability and damages, and a bifurcated (divided into two branches) jury proceeding on the issue of workers’ compensation offset.

The Justices are represented by Timothy C. Bailey and J. Ryan Stewart of the Charleston law firm, Bucci Bailey & Javins, L.C.