The Case of the Defective Dam
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Gerald M. Stern was a partner of a Washington DC law firm and the lead counsel for the survivors of the Buffalo Creek disaster. A massive coal-waste refuse pile collapsed and millions of gallons of water and sludge devastated sixteen small communities in the valley below. Hundreds of survivors sued the coal company for damages. This is the story of the lawsuit that uncovered corporate irresponsibility and created a new precedent where anyone can recover for mental suffering even when they are physically unharmed but "mentally scarred". After Stern graduated from law school he joined the Civil Rights Division of the Department of Justice, then joined an important Washington law firm whose clients were corporations fighting the governement.
Stern got a chance to represent some of the survivors of the Buffalo Creek disaster. Logan County WV had a history of corruption and political oppression (p.7). Is the entire state controlled by the coal companies (p.9)? The people of WV held wildcat strikes to demonstrate their needs. The Pittston Company was the sole stockholder of the Buffalo Mining Company. Was the flood an "Act of God", a natural disaster (p.11)? Or criminal negligence (p.12)? The important legal question was to sue in state or federal court (p.14). The Department of the Interior blamed the victims (p.18)! Coal companies liked to settle claims rapidly to get the lowest payments (p.20). Lawyers would represent the victims on a contingency-fee basis (p.23). Logan County had a "history of violence" (p.24). Many residents were too poor to get proper dental care (p.29). The deep piles of coal waster burned constantly (p.30). The failure of Dam 3 caused the disaster on February 26, 1972 (p.31). The lawyer's Code of Professional Responsibility bans a lawyer from taking a case for free when the client could afford to pay (p.33). There was a conflict among lawyers to represent the victims (pp.36-37).
Page 40 tells of the foods favored by the people: candy, pies, soda pop, etc. People were devastated by the disaster (p.41). Chapter V describes some of the horrors of the flood. The freezing cold made things worse (p.49). [Other accounts of disasters skip over the details.] They sued in Federal court to get a fair deal (p.53). They needed to sue the sole shareholder of the corporation that injured a person (p.55). They could collect punitive damages if Pittston's conduct was reckless (p.57). Pittston's cheapness discouraged settlements (p.58)! An old court case would show negligence. Coal-waster refuse piles are hazardous (p.62). Could they recover damages for mental suffering (p.65)? Most of the survivors had no physical damages; those that had physical damages didn't survive. Would "market value" apply (p.67)? Stern explains the need and rationale for "piercing the corporate veil" (p.83). Mental suffering was the major part of the damages (p.90).
The Federal Coal Mine Health and Safety Act of April 1970 forced the small business that owned Buffalo Mining Company to sell out to a large corporation (p.152). [An unintended consequence?] The state inspector warned about Dam 3 (p.162); political pressure? Pittston violated safety standards. A hidden document was revealed (p.169)! Chapter XVII describes the legal term "psychic impairment". The coal, timber, oil, and gas benefits outsiders and leaves people in much abject poverty (p.192). Chapter XXX tells why preparing a trial is similar to a stage play, and summarizes the case. The mining company said the dam was sage until it gave way! Chapter XXXI explains their strategy for the trial. The settled before the trial for $13.5 million. The `Epilogue' says the plaintiffs "were overjoyed" with the settlement (p.301). Would it make Pittston more careful in the future? [Gerry Spence said a lawyer is the only defender for the average person.]
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