Tuesday, October 19, 2004
No state law claim based on MSHA violations
In King v. Island Creek Coal Co., Chief Judge Jones of the W.D. Va. granted summary judgment for Island Creek, concluding that it did not have any (or did not breach any) legal duties toward a worker whose employer was on the premises without Island Creek's knowledge or consent. The fatal accident resulted in MSHA sanctions against Island Creek as owner of the property, but the Court held that the MSHA laws did not create a legal duty, at most they could be used to define the standard of care where a duty exists under state law.