Trial Set In Mine Worker Wrongful Death Lawsuit

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A federal judge is encouraging mediation in a wrongful death lawsuit filed by the daughter of an Ohio man whose leg was ripped off in an accident at West Virginia's Shoemaker Mine.

Charles "Whitey" McIntire of Shadyside died Oct. 17, 2011, when a ditch-digging machine surged forward and ran over him at Consol Energy's mine near Benwood. He was 62.
His daughter argues that Consol and McIntire's supervisor failed to conduct a safety hazard inspection, failed to properly maintain the equipment in safe operating condition and failed to ensure the machine had emergency shut-off switches.
Pennsylvania-based Consol has denied any wrongdoing.
On Tuesday, U.S. District Judge Frederick Stamp scheduled trial for March 4, 2014. His order also encourages the parties to try to settle their dispute next year.