| | j IN THE CIRCUIT COURT OF BOONE COUNTY, WEST VI GENEVA LYNCH, Individually and as Administratrix of the Estate of William Roosevelt Lynch, Plaintiff, vs. Civil Action No. 11-C-. ( DED MASSEY ENERGY COMPANY, a Delaware corporation; MASSEY COAL SERVICES, INC., a West Virginia corporation; PERFORMANCE COAL COMPANY, a West Virginia corporation, CHRISTOPHER L. BLANCHARD, individually, and JASON WHITEHEAD, individually, Defendants. COMPLAINT Comes now Geneva Lynch, individually and as the Administratrix of the Estate of William Roosevelt Lynch, and sets forth her Complaint against the defendants named herein. This Complaint is filed against the named defendants as a result of a mine explosion at the Upper Big Branch Mine on April 5, 2010. Twenty-nine miners, including plaintiff's decedent, William Roosevelt Lynch, were killed as a result of this mine explosion. The plaintiff files this Complaint against the defendants seeking compensatory and punitive damages as a result of the negligent, willful, wanton and recklessly unsafe manner in which the defendants operated the Upper Big Branch Mine and caused the death of her decedent.FACTS 1. Plaintiff Geneva Lynch is the widow and personal representative of the Estate of William Roosevelt Lynch who was killed on April 5, 2010, in the mine explosion in the Upper Big Branch Mine operated by defendant Performance Coal Company. 2. Plaintiff Geneva Lynch is a citizen and resident of Fayette County, West Virginia, and was duly appointed the Administratrix of the Estate of William Roosevelt Lynch on April 29, 2010. 3. Roosevelt and Geneva Lynch were married on June 5, 1976. They lived as husband and wife until his death and she was personally and financially dependent upon her husband, During their marriage, the Lynch’s raised two children, Jennifer Lynch Rogers and Roosevelt Lamon Lynch, and had three grandchildren. Roosevelt Lynch did not have the opportunity to meet his fourth grandchild who was born just days after his death. Roosevelt Lynch was a former teacher at Collins Middle School and Oak Hill High School, He also served as basketball and track coach at Collins Middle School, and assistant football coach at Oak Hill High School. Roosevelt Lynch also served as counselor at the Oak Hill Summer Camp for children. 4, Defendant Performance Coal Company (“Performance”), is a West Virginia corporation with its principal place of business located at Montcoal, West Virginia. It is engaged {n the business of extracting and selling coal from mining operations in Boone and Raleigh Counties which include the Upper Big Branch Mine. The West Virginia Secretary of State also lists for Performance the d/b/a Upper Big Branch Mining Company. Defendant Performance Coal, as decedent's employer, is liable to the plaintiff for its violation of West Virginia's 2deliberate exposure law whereas Performance, by its agents, knowingly exposed the decedent to specific unsafe working conditions contrary to federal, state and industry regulations and standards regarding workplace safety. The Upper Big Branch Mine encompasses areas in both Boone and Raleigh County, West Virginia, thereby placing the site of the actions giving rise to this matter in whole or in part in Boone County, West Virginia. 5. Defendant Massey Coal Services, Inc. (“MCS”), is a West Virginia corporation with its principal place of business in Julian, Boone County, West Virginia. MCS is a subsidiary and affiliate of defendant Massey Energy Company, and provides to the parent’s subsidiaries safety and engineering services by directive of Massey Energy Company’s corporate policics. Defendant Massey Coal Services, Inc. is an affiliated, but separate company from Performance Coal, but as a Massey Energy subsidiary, voluntarily or by direction of parent Massey Energy, undertook certain engineering and safety duties at the Upper Big Branch Mine which it failed, through its employees and agents, to perform in a reasonably prudent manner. Massey Coal Services, Inc. is liable to the plaintiff for its acts and omissions which proximately caused the death of plaintiff's decedent. The activities undertaken by MCS, including those related to the Upper Big Branch Mine, the promulgation, dissemination, adoption and use of, monitoring and compliance with Massey Energy and MCS’s S-1 safety standards and the provision of mine engineering services and advice from MCS to Performance. 6. Defendant Massey Energy Company (“MEC”), is a Delaware corporation, with its principal offices in Richmond, Virginia. MEC is engaged in the extraction and sale of coal from ‘mines it either directly owns and operates, or fiom mines operated by its subsidiary “resource groups.” Defendant Massey Energy Company, is the parent of, but separate from, PerformanceCoal, Massey Energy, by and through its agents, including, but not limited to CEO Don Blankenship and members of its Board of Directors, were intimately involved in the mining and ‘management activities at the Upper Big Branch Mine, Don Blankenship had actual knowledge of the unsafe manner in which the Upper Big Branch Mine was operated, including his knowledge of the staggering number of safety violations issued by safety authorities related to the Upper Big Branch Mine prior to the explosion, CEO Don Blankenship’s involvement in the activities at Upper Big Branch and his knowledge of the abysmal safety record of the mine reflect gross negligence or a reckless indifference to workplace safety. As an agent of Massey Energy, Don Blankenship’s negligent and/or reckless managemeat in the operations at Upper Big Branch make Massey Energy liable to plaintiff for the death of her decedent, Members of the Massey Energy Board of Directors likewise voluntarily assumed active duties and responsibilities for the monitoring and oversight of workplace safety compliance at subsidiary mines such as Upper Big Branch by way of a written settlement agrecment to a shareholder derivative suit executed on June 30, 2008. ‘The negligent and reckless manner in which the members of the Board of Directors performed, or failed to perform, and the safety oversight and management duties they voluntarily assumed, resulted in the Upper Big Branch Mine continuing to operate when a reasonably prudent Board would have shut it down or made management changes to ensure the mine was operated in compliance with state, federal and industry safety standards. As such, Massey Energy is liable to the plaintiff for the death of her decedent by way of the negligent and reckless acts of its Officers and its Board of Directors. 7. Defendant Christopher L. Blanchard is, and at all times relevant hereto was, a resident of Boone County, West Virginia. Defendant Blanchard is, and at all times relevanthereto was, president of Defendant Performance Coal Company. 8. Defendant Jason Whitehead is, and at all times relevant hereto was, a resident of Boone County, West Virginia. 9. Jurisdiction and venue are proper before this Court since the acts and omissions giving rise to this action occurred all or in part in Boone County, West Virginia, and defendant MCS has its principal offices located in Boone County, West Virginia. 10. Decedent William Roosevelt Lynch was employed by defendant Performance as a miner operator at the Upper Big Branch Mine on and before April 5, 2010. UL. Defendants Performance, MCS and MEC (“Massey defendants”) are, and at all times relevant were, responsible for the supervision, safety and oversight of the Upper Big Branch Mine, The Massey defendants were responsible for providing safe working conditions at the Upper Big Branch Mine on and before April 5, 2010. 12, Defendant Performance, by and through its management personnel at the Upper Big Branch Mine, was responsible for the inspection of the working areas of the mine for safety hazards and for the correction of all safety hazards discovered in the inspections. 13, Defendant Performance, by and through its management at the Upper Big Branch ‘Mine, was responsible for compliance with all approved state or federal mining plans applicable to the Upper Big Branch Mine, including ventilation, methane and dust control plans, 14, Defendant Performance, by and through its management personnel at the Upper Big Branch Mine, was responsible for the safe operating condition of all mining equipment in conformity with the manufacturer's specifications and original design and in conformity with the approved mining plans for the Upper Big Branch Mine.