The lawsuit says that while some unsafe conditions were created by Massey, others were created by David Stanley's failure to do the job it was hired to do.

Failure to do weekly exams between Jan. 1, 2010, and April 5, 2010, "created a very obvious hazardous condition" that was "more than ordinary negligence," it contends.

The complaint says the company also failed to do adequate pre-shift and on-shift exams; failed to comply with approved training plans; failed to follow the approved ventilation and roof control plans; and failed to adequately apply pulverized limestone that neutralizes coal dust.

The lawsuit demands unspecified compensation for loss of income, mental anguish and more.

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