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Lawsuit

Nyrstar Mining lawsuit & others (re fatal workplace accident in Immel Mine, USA)

Status: CLOSED

Date lawsuit was filed
22 Feb 2022
Date accuracy
All Correct
Female
Individual, Women, Human Rights Defender
Location of Filing: United States of America
Location of Incident: United States of America
Type of Litigation: Domestic

Companies

Nyrstar Switzerland Mining

Sources

Snapshot: On 22 February 2021, a mine worker was killed in an accident at Nyrstar’s Immel Zinc Mine in Tennessee. In 2022, his widow filed a wrongful death lawsuit against Nyrstar, Brookville Equipment, and Brookville Services, alleging negligence. The court dismissed claims against Nyrstar and Brookville Equipment. In March 2024, summary judgment was granted to Brookville Services, and no party was held liable.

A separate lawsuit against Nyrstar was filed on 7 November 2022 by another widow, alleging that unsafe conditions at the company’s Strawberry Plains zinc mine led to her husband’s death.

On 22 February 2021, a 31-year-old mine worker was killed in an underground accident at the Immel Zinc Mine in Tennessee when a locomotive he was operating collided with a structural chute. A federal investigation by the Mine Safety and Health Administration (MSHA) found multiple safety failures, including brake system issues, missing signage, and inadequate communication procedures.

On 22 February 2022, the widow of the deceased miner filed a wrongful death lawsuit, seeking justice and accountability for what she described as a preventable tragedy. She alleged that negligence and unsafe working conditions led to her husband’s death. Her lawyer stated that she hoped the lawsuit would hold the responsible parties accountable and prevent similar accidents from happening. The lawsuit named Nyrstar (mine operator), Brookville Equipment (locomotive manufacturer), and Brookville Services (maintenance provider) as defendants. Plaintiff's claims included failure to maintain safe mine conditions, failure to ensure the braking system was functional, negligent design and servicing of the locomotive and loss of companionship and financial support.

The court dismissed claims against Nyrstar and Brookville Equipment, leaving only the claims against Brookville Services (for alleged negligent services and loss of consortium).

In March 2023, Brookville Services moved for summary judgment, asserting it had no contractual obligation or assumed duty at the time of the incident.

On 21 March 2024, the court granted summary judgment in favour of Brookville Services. The judge found that the company had no contract or duty to maintain the locomotive at the time of the accident, and had not assumed any responsibility to inspect or warn about the brakes. As a result, Brookville Services was found not legally responsible for the fatal incident.

The case is closed.