Farmington Story Archives - West Virginia Public Broadcasting

Court Tosses Lawsuit in 1968 Farmington Mine Explosion

A federal appeals court has thrown out a lawsuit filed by the families of 78 men who were killed in a 1968 mine explosion in West Virginia.

The ruling Wednesday by the 4th U.S. Circuit Appeals affirms a 2017 ruling by a federal judge.

The men died after an explosion ripped through the Farmington No. 9 mine.

In a 2014 lawsuit, the families accused Consolidation Coal of fraudulently concealing key information that would have allowed them to file a wrongful-death lawsuit years earlier.

The 4th Circuit cited a West Virginia Supreme Court finding that the wrongful-death claim was barred by a two-year statute of limitations.

Attorney Timothy Bailey said the families are disappointed. He said “it’s a sad day” for the families and for “truth and justice.”

U.S. Judge Tosses Suit in 1968 Federal No. 9 Mine Explosion

A federal judge in West Virginia has tossed out a lawsuit filed by relatives of 78 miners killed in a 1968 mine explosion.

The Pittsburgh Post-Gazette reports U.S. District Judge Irene Keeley in Clarksburg ruled Friday that laws at the time stipulated there was a two-year window to file a lawsuit after the disaster.

Former WVU professor Bonnie Stewart unearthed the memo and wrote a book called No. 9.: The 1968 Farmington Mine Disaster. NPR also aired her story about the mine disaster.

The latest lawsuit filed in 2014 was based on a federal mine inspector’s memo written two years after the explosion at Consolidation Coal Co.’s No. 9 mine in Farmington indicating an alarm had been disabled. The families, who earlier had received $10,000 from the company, said they did not find out about the memo until 2008.

The disaster led to passage of the federal Coal Mine Health and Safety Act.

Nov. 20, 1968: Farmington Mine Explosion Kills 78

In the predawn hours of November 20, 1968, a massive explosion ripped through the Consolidation Coal Company’s Number 9 mine near Farmington. Twenty-one miners were able to escape. But another 78 were trapped inside. At first, the intense heat from the fire kept rescuers out of the mine. When they finally got inside, the mine was unstable, and officials feared another explosion. After nine days, the mine was sealed as a safety precaution with all 78 miners still inside.