Family Seeks Wrongful Death Suit Against Energy Company

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The family of an Ohio man who died after his leg was ripped off at West Virginia's Shoemaker Mine has filed a wrongful death lawsuit against Consol Energy.

Charles McIntire, 62, of Shadyside died in October 2011, when a ditch-digging machine surged forward and ran over him. 
The lawsuit says Consol and McIntire's supervisor failed to conduct a safety hazard inspection, failed to keep the machine in safe operating condition and failed to ensure it had emergency shut-off switches.
The state mine safety office issued two violations related to the equipment.
The complaint by McIntire's daughter was originally filed in Marshall County Circuit Court but recently transferred to U.S. District Court in Wheeling.
Pennsylvania-based Consol hadn't filed a response by Wednesday, and a company spokesman didn't immediately comment.