Widow files suit over death at Troy Mine
by Kootenai Valley Record
July 5, 2008
The widow of a Libby man killed last summer in a cave-in at Revett Minerals’ Troy Mine has filed suit against the company in district court, arguing that Revett’s negligence contributed to her husband’s death.
Michael Ivins, 55, died July 30, 2007, when a rock fall covered the service truck he was operating. He had worked at the mine for three years as an underground mechanic.
Ivins’ wife, Tammy K. Ivins, is represented in her suit by Great Falls attorney Tom Lewis. The suit alleges that Ivins was required to work in an area that was not adequately supported to prevent cave-ins and that Revett was negligent in failing to provide such support as well as in failing to provide proper training and instruction to employees.
"Michael Ivins was injured, survived an appreciable period of time, suffered an excruciatingly painful death, and plaintiff was damaged," the suit contends.
The suit also alleges "intentional and malicious acts or omissions" on the part of Revett, which "were so outrageous as to create conditions in the Troy Mine that were certain to injure mine workers."
The lawsuit seeks compensation for funeral and other expenses directly related to Ivins’ death, lost earnings, pain and suffering, and the loss of Ivins as a husband and father to his family as well as "punitive damages in an amount sufficient to punish the defendants and to serve as an example to similarly situated entities that conduct of the kind engaged in by the defendants is unacceptable in our society and will not be tolerated."
Following inspections carried out by federal mine regulators after Ivins’ death, Revett was assessed more than $90,000 in fines. According to the Mine Safety and Health Administration, the company failed to take adequate steps to keep workers safe. Fines include $38,500 for not keeping workers safe while removing loose rock from the underground mine's ceiling and $44,600 for not properly supporting the mine’s roof. Revett has contested many of the citations.
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Editor’s Note: See the June 30, 2008 edition of the Kootenai Valley Record for the printed version of this story. The Kootenai Valley Record publishes once a week, on Monday, in Libby, Montana. They are a locally owned community newspaper, located at 403 Mineral Avenue in Libby. For in-county and out-of-county subscription information, call 406-293-2424, or e-mail kvrecord@gmail.com.
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