UPDATE
Porta-John blast victim sues for $10 million
Man blames contractor, coal firm for injuries as well as lost work
BY NATALIE NEYSA ALUND The Dominion Post
A man injured in a Porta-John explosion in Blacksville in July is suing a general contractor and coal company for $10 million. John Jenkins, 53, and his wife Ramona Jenkins, 35, of Brave, Pa., filed the lawsuit in Monongalia County Circuit Court on Tuesday. They are suing Chisler Inc., a general contractor from Fairview, and Eastern Associated Coal Corp., from Charleston, for negligence at John Jenkins’ workplace. Jenkins is a methane power plant operator. The explosion occurred July 13, 2004, at Parrish Shaft near Zeb Haught Road in Crossroads. Jenkins, a North West Fuels Development Inc. plant operator, entered a Porta-John on the property, sat down and lit a cigarette. “When I struck the lighter, the whole thing just detonated — the whole top blew off,” Jenkins said. “I can’t tell you if it blew me out the door or if I jumped out.” According to the 10-page lawsuit, when Jenkins lit the cigarette, it ignited methane gas leaking from a pipe underneath the Porta-John. Eastern Associated Coal Corp. owns the property where the explosion occurred, Jenkins said Wednesday. Chisler Inc., he said, ran over the pipelines with heavy equipment before the incident, causing the methane gas leak. The lawsuit states the defendants failed to make the property Jenkins worked on safe and failed to warn of the dangers on the property, namely that methane gas was present and that the pipeline was broken. It also says the defendants failed to place a sign on the Porta-John warning that smoking, matches and open flames were forbidden. Eastern first learned about the lawsuit Wednesday during a phone call from The Dominion Post. “We have yet to receive the complaint, therefore cannot comment at this time,” said Beth Sutton, spokeswoman for Eastern. The Jenkinses’ attorney, David W. Hummel, and Chisler Inc. President Michael Chisler did not return phone calls. The lawsuit states John Jenkins received severe burns to his face, neck, arms, torso and legs. “The burns were so severe that while on route to seek medical attention, pieces of flesh fell off his right arm,” the lawsuit states. “The explo-
sion was caused by the defendants’ actions/inactions ... which led to the ignition of methane gas that had leaked from a pipeline which was broken below the ground.” The lawsuit states Jenkins suffered other physical and psychological damages and injuries, was forced to undergo medical and invasive procedures, was unable to attend to his usual daily duties and occupations, and has been permanently disfigured. After the explosion, Jenkins drove himself to the Clay-Battelle Community Health Center on Mason-Dixon Highway in Blacksville. Monongalia Emergency Medical Services then transported him to Ruby Memorial Hospital, where he remained for a week to receive treatment for third-degree burns. Jenkins said he assumes the leak came from an Oklahoma Cooler located three feet below the Porta-John. The cooler is a stainless steel pipe that sucks methane out of nearby abandoned coal mines. Jenkins said his company has a no-smoking policy for its compound. So he smoked by the nearby Porta-John. He said he’s always smoked there.