Factual account of this disaster | The Buffalo Creek Disaster: How the survivors of one of the worst...

Must Read!!!!! | The Buffalo Creek Disaster: How the survivors of one of the worst disasters in coal-mining history brought ... | Gerald M. Stern

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	• The Buffalo Creek Disaster: How the survivors of one of the worst disasters in coal-mining history brought ... Gerald M. Stern Vintage, 2008 - 304 pages average customer review:based on 25 reviews view larger image
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highly recommended

The Case of the Defective Dam

Gerald M. Stern was a partner of a Washington DC law firm and the lead counsel for the survivors of the Buffalo Creek disaster. A massive coal-waste refuse pile collapsed and millions of gallons of water and sludge devastated sixteen small communities in the valley below. Hundreds of survivors sued the coal company for damages. This is the story of the lawsuit that uncovered corporate irresponsibility and created a new precedent where anyone can recover for mental suffering even when they are physically unharmed but "mentally scarred". After Stern graduated from law school he joined the Civil Rights Division of the Department of Justice, then joined an important Washington law firm whose clients were corporations fighting the governement.

Stern got a chance to represent some of the survivors of the Buffalo Creek disaster. Logan County WV had a history of corruption and political oppression (p.7). Is the entire state controlled by the coal companies (p.9)? The people of WV held wildcat strikes to demonstrate their needs. The Pittston Company was the sole stockholder of the Buffalo Mining Company. Was the flood an "Act of God", a natural disaster (p.11)? Or criminal negligence (p.12)? The important legal question was to sue in state or federal court (p.14). The Department of the Interior blamed the victims (p.18)! Coal companies liked to settle claims rapidly to get the lowest payments (p.20). Lawyers would represent the victims on a contingency-fee basis (p.23). Logan County had a "history of violence" (p.24). Many residents were too poor to get proper dental care (p.29). The deep piles of coal waster burned constantly (p.30). The failure of Dam 3 caused the disaster on February 26, 1972 (p.31). The lawyer's Code of Professional Responsibility bans a lawyer from taking a case for free when the client could afford to pay (p.33). There was a conflict among lawyers to represent the victims (pp.36-37).

Page 40 tells of the foods favored by the people: candy, pies, soda pop, etc. People were devastated by the disaster (p.41). Chapter V describes some of the horrors of the flood. The freezing cold made things worse (p.49). [Other accounts of disasters skip over the details.] They sued in Federal court to get a fair deal (p.53). They needed to sue the sole shareholder of the corporation that injured a person (p.55). They could collect punitive damages if Pittston's conduct was reckless (p.57). Pittston's cheapness discouraged settlements (p.58)! An old court case would show negligence. Coal-waster refuse piles are hazardous (p.62). Could they recover damages for mental suffering (p.65)? Most of the survivors had no physical damages; those that had physical damages didn't survive. Would "market value" apply (p.67)? Stern explains the need and rationale for "piercing the corporate veil" (p.83). Mental suffering was the major part of the damages (p.90).

The Federal Coal Mine Health and Safety Act of April 1970 forced the small business that owned Buffalo Mining Company to sell out to a large corporation (p.152). [An unintended consequence?] The state inspector warned about Dam 3 (p.162); political pressure? Pittston violated safety standards. A hidden document was revealed (p.169)! Chapter XVII describes the legal term "psychic impairment". The coal, timber, oil, and gas benefits outsiders and leaves people in much abject poverty (p.192). Chapter XXX tells why preparing a trial is similar to a stage play, and summarizes the case. The mining company said the dam was sage until it gave way! Chapter XXXI explains their strategy for the trial. The settled before the trial for $13.5 million. The `Epilogue' says the plaintiffs "were overjoyed" with the settlement (p.301). Would it make Pittston more careful in the future? [Gerry Spence said a lawyer is the only defender for the average person.]

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Factual account of this disaster

Very factual detailed account of the events that took place during the preparation of the lawsuit as written by the lead attorney.

Must Read!!!!!

This book is awesome, a must read for anyone who is thinking about becoming a lawyer. Even if you are not sure about being a lawyer, but wish to know a little more about how understanding our legal system can keep you from being taken advantage of in wake of any type of disaster. I had to read it for class, and I am glad that I did. Paralegals can benefit from this book as well; as most of the researching of case law is conducted by paralegals. You get a sense of what to look for in your research. I cannot get enough of this book.

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Interesting and informative

Suggested reading for pre-law school students, this book contains the representing attorney's actual story about a lawsuit involving the coal industry. The terminology, processes and struggles included in the story, as well as the lawyer's thought-processes and actions introduce the reader to the real world of legal advocacy, which is not parallel to the Law & Order dramas on television. If you're contemplating entering the legal profession, this book narrates one situation with enough detail to give you a feel for the work you may be doing.

One Saturday morning in February 1972, an impoundment dam owned by the Pittston Coal Company burst, sending a 130 million gallon, 25 foot tidal wave of water, sludge, and debris crashing into southern West Virginia's Buffalo Creek hollow. It was one of the deadliest floods in U.S. history. 125 people were killed instantly, more than 1,000 were injured, and over 4,000 were suddenly homeless. Instead of accepting the small settlements offered by the coal company's insurance offices, a few hundred of the survivors banded together to sue. This is the story of their triumph over incredible odds and corporate irresponsibility, as told by Gerald M. Stern, who as a young lawyer and took on the case and won.

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