Island Creek Coal Company v. Rodgers

Facts

Ps sued to recover damages to their home. The home was part of a subdivision located above Island Creek's (D) East Diamond Mine which is composed of 5,000 acres of underground mines, containing seams of coal 90 feet and 250 feet below the surface. The mining operations were begun in 1905 by the West Kentucky Coal Company, Island Creek's (D) predecessor in title. The operations have been abandoned since 1971. Ps built their home in 1966, knowing that the house was situated over underground mines and that other subdivisions in the area built over mines had trouble with subsidence. Cimarron Coal (D) engaged in strip mining in various areas south and east of Ps house, within 5,600 to 23,000 feet of the subdivision. The property Cimarron (D) was mining had been acquired from Island Creek (D) in 1967. Cimarron (D) used strip mining methods with explosives in order to fragmentize the rock and soil so the coal would be exposed. On April 29, 1977, Ps experienced an earthquake-like blast which they claim caused the damage to their home. Ps and Cimarron (D) offered proof through expert testimony that the abandoned mines were left with insufficient pillar support. Island Creek's (D), uncontradicted evidence showed that in 1905 when the mineral fee severance occurred, modern-day land development and subdivisions were not only unheard of but unthought of. Island Creek (D) did not begin mining by the underground method until 1948, and they continued until 1963. Island Creek's expert testified that it had done an excellent job of designing and mining the coal seams and had left more than adequate coal to support the surface in its natural state for an indefinite time (100 years or more) and that the only known conditions which could have produced subsidence were the discharge of sewage into the old mines or blasting operations of Cimarron (D) or a combination of the two. Ps testified that on April 29, 1977, at 11:40 p.m., there was a shaking and jolting of their home followed by a terrific blast. The next morning they discovered their damage. Cimarron's (D) blasting records established that the blast shot consisted of 16 drill holes 32 feet deep, each containing 275 pounds of anfo. The holes were shot 25 milli-seconds apart. The blast site was located about 13,200 feet from the nearest part of P's subdivision. Cimarron's (D) expert testified that the blast, if more than 5,600 feet from the house, would be too remote to cause direct damage. Its expert opined that when Island Creek (D) abandoned or closed the mine and terminated its pumping operations, water accumulated in the mine, and the fire clay softened, causing the support pillars to sink. Cimarron's (D) experts stated that Island Creek (D) failed to leave a barrier pillar for support immediately under the subdivision. Island Creek (D) argued that the uncontradicted evidence established that when the severance occurred, the subdivision was a remote woodland and it was not possible for a modern-day subdivision to have been developed upon the property. Island Creek (D) vigorously contends that there was no obligation, legal or otherwise, to support the surface in contemplation of development of a modern subdivision. The jury gave the verdict to Ps and split the damages between Ds. Both Ds appealed. 

Issues

Rule of Law

Holding and Decision

Legal Analysis

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