posted 06-03-2005 12:11 AM         

Man sues over injuries from exploding toilet

MORGANTOWN, W.Va. -- A Pennsylvania man injured when a portable toilet exploded is suing a general contractor and a coal company for negligence.

John Jenkins, 53, and his wife Ramona Jenkins, 35, of Brave, Greene County, filed the lawsuit in Monongalia County Circuit Court on Tuesday. They are suing Chisler Inc., a general contractor from Fairview, and Eastern Associated Coal Corp. for $10 million.

The explosion occurred July 13, 2004, at Parrish Shaft in Blacksville. Jenkins, a North West Fuels Development Inc. methane power plant operator, entered a portable toilet, sat down and tried to light a cigarette.

"When I struck the lighter, the whole thing just detonated -- the whole top blew off," John Jenkins said. "I can't tell you if it blew me out the door or if I jumped out."

The lawsuit says the cigarette ignited methane gas leaking from a pipe underneath the unit.

Eastern Associated Coal Corp. owns the property where the explosion occurred. Chisler Inc. ran over the pipelines with heavy equipment before the incident, causing the methane gas leak, Jenkins alleges.

The lawsuit also says there was no sign on the portable toilet warning that smoking, matches and open flames were forbidden.

Jenkins had severe burns on his face, neck, arms, torso and legs. He is permanently disfigured, the lawsuit says.

Eastern Associated Coal is a subsidiary of Peabody Energy. A call to that company's Charleston office was not immediately returned.