Excellent case of how lawsuits hold business accountable when gov't won't

[nothingshocksmeanymore]

Mining Town Rises in Anger
After Boy Is Killed by Boulder, Va. Residents Cite Disregard for Safety

By Carol Morello
Washington Post Staff Writer
Thursday, January 6, 2005; Page B01

APPALACHIA, Va.

It hurled like a cannonball into Dennis and Cindy Davidson's house, right through the wall of the bedroom and onto the bed where 3-year-old Jeremy was sleeping.

The huge boulder continued its path, crashing through a closet before finally stopping at the foot of 8-year-old Zachary's bed. Zachary would be fine. Jeremy was crushed to death.

A bulldozer operator widening a road at a strip mining operation atop Black Mountain had unknowingly dislodged the half-ton boulder that August night. And now, more than four months later, Jeremy's death is still being felt across the coal mines of southwestern Virginia.

For many residents, the toddler's death has come to symbolize what they consider the companies' and the state's callous disregard for their safety.

"Since the child got killed, it's sort of like when the towers got bombed and the country came together," said Carl "Pete" Ramey, a coal miner turned anti-strip-mining activist. "The death of an innocent child that had nothing to do with what's going on has brought us together. I think a lot of people feel guilty they didn't do something before."

In this corner of the state, more than 400 miles southwest of Washington, officials have scrambled to respond to the anger and grief that has led residents on protest marches through town. A special prosecutor is investigating whether to bring criminal charges. The state mining agency has fined the mining company $15,000 -- the legal maximum -- and proposed changes in the law. In a report, the state agency quoted philosopher George Santayana's dictum about those who ignore history being doomed to repeat it and vowed, "This tragic accident will not be forgotten."
http://www.washingtonpost.com/ac2/wp-dyn/A51556-2005Jan5?language=printer

Note that the MAXIMUM fine even for an act resulting in death due to negligence was $15,000....hardly even a slap and one that would not do anything to change the behavior of the company

[Mikimouse]

1. Oh, Pshawww. Those mining companies are self policing,

just like the AMA, and they ensure the quality of their work. (sarcasm off). Hi!:hi:

[Misunderestimator]

2. Tort Reform!!

I mean how could anyone think their child could be worth more than $15,000? :eyes: (/sarcasm)

[nothingshocksmeanymore]

3. Except that fine goes to the state not the family

[bleedingheart]

4. Seems we keep having to relive history over and over again

it was this kind of disregard for human life that led to the creation of unions....yet people let those rights slip away...and look at what we have now...

[lastliberalintexas]

5. I think I'd want to kill someone

If this had happened to my Jeremy and the courts were unable or unwilling to punish the killers, I just might. Doctors and corporations might finally start to rethink tort "reform" once it becomes obvious to the populace that they won't get satisfaction from the courts and start to look elsewhere for it.

I won't be surprised at all when we start to hear about grieving parents shooting and killing the doctor whose malpractive cost their child his life/leg/brain function/etc. Sad, but not surprised.

[nothingshocksmeanymore]

6. MAN THAT WAS EXCELLENT..that's what we need

a story about a family who killed a doc for amputating the wrong leg (you wouldn't BELIEVE HOW MANY OF THOSE I'VE SEEN!)

[nothingshocksmeanymore]

7. kick

[David Zephyr]

8. Thank you for bringing this story here.

:thumbsup:

[nothingshocksmeanymore]

9. you're welcome