It is indisputable that the Dotiki coal mine in Western Kentucky has a sorely blemished safety record. Both Kentucky and federal officials cited the mine for safety violations on more than 1,000 occasions between January 2009 and the tragic day 16 months later that brought the deaths of two miners in a roof collapse at the mine.

The wives of those miners have just filed a wrongful death lawsuit in a federal court in Kentucky against Alliance Resource Partners ("Alliance"), an Oklahoma company that owns the mine, which is run by a subsidiary called Webster County Coal.

The two plaintiffs are seeking an undisclosed amount of compensatory damages. Additionally, one of them is making a demand of up to $5 million in punitive damages, and the other -- who has a minor son -- is demanding up to $10 million. The women have also filed claims with the federal Mine Safety and Health Administration "(MSHA"), asking for an additional $9 million each for the wrongful deaths of their spouses.

Alliance denies any liability in the matter, with a company spokesperson saying that its subsidiary could not possibly have known about a "geographic anomaly" that caused the collapse. "It was just a tragic accident," said the company's general counsel.

A federal report issued by the MSHA concluded that the collapse was unforeseeable, owing to a non-detectable formation of rock that struck the roof in an unsupported area. Nonetheless, Kentucky authorities cited the subsidiary for lacking adequate roof control plans, and the MSHA stated that Webster County Coal should have supported the roof in the area that collapsed on the miners.

Related Resource: Bloomberg Businessweek, "Families of Ky. miners killed sue coal company" April 25, 2011