Island Creek Coal Co. v. Rodgers - 644 S.W.2d 339 (Ky. Ct. App. 1982)

Rule:

The unquestioned law of Kentucky is that an underground mine operator is obligated to support the surface and leave it in its natural state. The right to mine is subservient to the right of the surface owners to have the surface maintained in its natural state free from subsidence or partings of the soil, and this right of support is absolute and not dependent upon any questions of negligence. 

Facts:

The homeowners' house was in a subdivision located above the coal company's abandoned underground mines. The coal corporation used explosives in its strip mining activities near the subdivision. The homeowners sought to recover for damages to their home after an earthquake-like blast.

Issue:

Was the coal company liable for the natural state of the surface?

Answer:

Yes.

Conclusion:

The appellate court held, inter alia, that: (1) the coal company was liable for the natural state of the surface as of the last time it took coal from the earth; (2) the punitive damages award was proper because the coal corporation continued its blasting after the homeowners had personally complained; (3) the trial court properly gave punitive damage instructions against only one of the two joint defendants; and (4) the verdict was not inconsistent although the jury found that the coal corporation caused no direct damage, but merely contributed to existing subsidence, and at the same time held the coal corporation liable for punitive damages. The court reversed and remanded for a new trial on the issue of damages, including punitive damages, however, holding that the homeowners' expert witness's opinion could not support the verdict and that the jury should consider both types of damages together.