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Troy Mine sued for millions over death in 2007

by Brad FuquaWestern News
| February 11, 2009 11:00 PM

Revett Minerals – the parent company of Troy Mine – was served with a multi-million dollar lawsuit last week stemming from the death of a worker during the summer of 2007.

Michael E. Ivins, a 55-year-old Libby man, died on July 30, 2007 when a rock roof collapsed onto his truck. The Mine Safety and Health Administration determined that Ivins was killed instantly.

The lawsuit seeks $8 million in compensatory damages and $10 million in punitive damages.

Carson Rife, vice president of operations who works out of Revett’s office in Spokane Valley, Wash., said he did not have information available to him but assumed the Ivins family filed the lawsuit.

“Our attorneys are reviewing the complaint and the lawsuit,” Rife said Tuesday afternoon. “The company plans to defend itself against this action.”

A message left at the home of Tammy Ivins in Libby was not returned before presstime.

According to a legal update issued through a press release, the lawsuit was filed on June 20, 2008 and served last week.

“The action alleges causes of action based on negligence, failure to provide a safe place to work, strict liability for abnormally dangerous activity and intentional and malicious acts …,” Revett reports in the release.

The Troy Mine has been fighting to keep its head above water financially in the face of falling metal prices and poor economic conditions. The mine employs approximately 185 workers.

Following an investigation, a report by MSHA determined that “the mine operator had knowledge of the unstable ground conditions in the area where the accident occurred.” As a result, the report concluded that Troy Mine management was at fault for the rock fall.

In response to MSHA’s conclusion, Troy Mine General Manager Doug Miller said at the time that the company disagreed with the report.