Widow Of Minor Killed Last Year Sues Jefferson County Mine Owner

The widow of a miner killed in a Jefferson County mine accident one year ago is now suing the mine owner. Ashley Maggard filed a lawsuit on the first anniversary of her husband’s death at the Nyrstar Mine in western Jefferson County. 26 year old Cody Maggard was killed on February 22, 2021 when the brakes failed on the locomotive he was riding on causing it to crash inside the mine. According to the lawsuit Cody Maggard and Harold Hackney, were assigned to work in an area known as the “484 Gallery Chute” to load ore into cars. To do so, the mine had used a process that “was dangerous and deadly for several reasons,” including the absence of low clearance warning signs, water being on the chute and the lack of stop blocks or derail devices in place. The lawsuit goes on to say that “Despite these known dangers that will result in injury or death, Nyrstar intentionally and deliberately required Maggard and Hackney to operate the locomotive with a known defective brake system and load cars in this specific unsafe area in order to ensure production. According to attached documents…when the miners were approximately 20 feet from the chute, Hackney and Maggard were seen in video surveillance attempting to apply the service brake that ultimately did not work. The locomotive didn’t stop and violently collided with the chute. Maggard was transported to a Knoxville hospital where he was pronounced dead. Ashley Maggard is suing not just Nyrstar Mines, but also Brookville Equipment Corporation and Brookville Services. She has requested a jury trial.