High Court to Review Miner Lawsuit Appeal

[Rose Siding]

WASHINGTON -- The Supreme Court said Monday it will consider whether two miners may sue federal officials for personal injuries following a roof collapse at a copper mine that left them paralyzed.

Justices will review a lower court ruling that said Joseph Olson and Javier Vargas, former miners in Suhuarito, Ariz., can file the lawsuit against the federal Mine Safety and Health Administration, alleging negligence in failing to properly inspect the mine.

At issue is whether MSHA officials are immune from lawsuit under the Federal Tort Claims Act's exception for "discretionary functions." The agency argued that how it conducts inspections is a matter best left to the agency without judicial second-guessing.

The San Francisco-based 9th U.S. Circuit Court of Appeals disagreed, ruling last year that Olson and Vargas' lawsuit should proceed toward trial. The court said MSHA officials must conduct adequate safety inspections, particularly after receiving six complaints from workers about possible dangers.

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