May 17, 2012
Lawsuit illustrates gas industry's dangers
Courtesy photo
Natural gas industry worker Timothy Roth was killed in this truck crash on July 30, 2011.
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Roth had been married only 2 1/2 months before the crash, Colombo said. He'd started work with Energy Services for $12 an hour in March 2011, eager to improve on his minimum-wage pay at a Clarksburg bakery.

"This new job with Energy Services was important to him,'' Colombo said.

Good-paying jobs are becoming plentiful in Northern West Virginia, even for unskilled workers, as natural gas companies tap into the vast reserves of the Marcellus and Utica shale fields underlying parts of Appalachia.

Roth's wrongful death lawsuit was filed last year but was recently amended to name Gray individually and hold her personally liable.

It says that when the crew finished work around 10 p.m. July 29, the workers knew they'd be expected to be back at Anmoore the following morning. Wade, who oversaw the crew, did not tell them to stop somewhere and rest before heading home when they phoned to tell him they were finished.

Wade knew or should have known the crew would be working a 22-hour day with no rest, the lawsuit says, and that there were no sleeper berths in the truck or on-site resting facilities in Carrollton.

Nor did Wade arrange for a hotel room or instruct the workers to stay overnight.

The defendants also knew that federal regulations require commercial drivers to get a certain amount of rest, the lawsuit says, yet "knowingly made a decision to work these men well beyond a lawful and safe amount of time.''

The lawsuit also claims that company records related to the accident were falsified to avoid federal scrutiny.

It calls the companies' conduct "willful, wanton, reckless and so grossly negligent'' that the judge should award not only compensatory damages, but also punitive damages to deter future bad behavior.

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