The Scotia Mine explosion was 32 years ago, but the story could just as easily be pulled from today's headlines.
On March 9, 1976, an accumulation of methane gas in a poorly ventilated Eastern Kentucky coal mine led to a blast that killed 15 miners. A subsequent attempt to ventilate the mine led to second explosion, killing 11 more.
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By Gerald M. Stern |
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Rather than focusing on the actual tragedy, however, Gerald M. Stern describes the twisting legal drama fought long after the cameras departed and coal mining resumed in Eastern Kentucky.
Stern, a lawyer as well as writer, represented the Scotia widows in their lawsuit, eventually successful, against the coal company. The key question in any suit: Whom to blame?
He focuses on Blue Diamond Mining, the parent company of the Scotia Coal Co., arguing that Blue Diamond's drive for increased profits led it to neglect safety controls. With an internal slogan of "Higher Production-Lower Costs," Blue Diamond seems like an easy villain.
But in an area where good jobs are sparse, many local residents discouraged the widows, fearing that a large suit would destroy the coal industry.
As a result, the lawsuit against a deep-pocketed coal company seemed like a case of David vs. Goliath. However, Stern is accustomed to the David role.
His earlier book, "The Buffalo Creek Disaster," also detailed his work following a different Appalachian coal tragedy. That book became a best seller and law-school staple because Stern made complex law incredibly accessible.
He does the same here, ably describing the legal wrangling both in and out of the courtroom. The widows ultimately won their case and the verdict led to tougher federal mine safety laws,
Still, many years have passed since the Scotia case. The old adage is that time heals all wounds. Unfortunately, in this case, it also dulls the memory.
To compensate, Stern sometimes paints too broadly when he describes the plaintiffs, letting his writing meander toward coal widow cliche. An example:
"They hated being called the Scotia widows because it made them sound as if they were Scotia's property. They were no one's property. They were freeing themselves from Big Daddy Coal," Stern writes as the legal drama unfolds.
Stern reaches full stride in his familiar territory of the courtroom where he details the law and the characters around it. Politics and law intertwine anywhere, but the smaller the area, the tighter the entanglements.
In this case, the lead lawyer for Blue Diamond Mining was Bert Combs, an Eastern Kentucky native, a former governor, and a retired judge on the U.S. Court of Appeals.
The trial judge at the time was pining for a higher judicial appointment and his rulings appeared to be attempts to curry favor with an influential politician.
In the Kentucky courtroom, the judge even reverentially addressed the coal company lawyer as "Judge Combs" before the jury.
Through setbacks and mounting legal bills, Stern and the widows pressed on. The journey for justice following initial setback makes the book rewarding.
And though money to compensate for negligent death is a crude calculus, the finish is a satisfying conclusion with Stern the perfect lawyer to have in the widows' corner.