Randal McCloy Jr., the only survivor of the 2006 Sago Mine disaster, settled his personal-injury lawsuit in February 2008 on confidential terms. The Randal McCloy Jr. settlement resolved claims against six defendants, including mine operator Wolf Run Mining Company, its parent International Coal Group (ICG), and the manufacturer of the emergency air packs that McCloy said failed underground. The dollar amount has never been disclosed.1Law.com. Sago Mine Lawsuits Settled
Who McCloy Sued
On August 23, 2006, McCloy and his wife, Anna, filed suit in Kanawha County Circuit Court against six companies connected to the January 2, 2006, methane explosion that killed twelve of his coworkers in Upshur County, West Virginia.2CBS News. Sago Survivor Sues Mine Companies The complaint grouped the defendants by role:
- International Coal Group and Wolf Run Mining Co., the mine’s operator and its parent, were accused of negligence in maintaining safe working conditions and of causing emotional distress through the widely publicized miscommunication that briefly and falsely reported the trapped miners alive.
- Burrell Mining Products Inc., Raleigh Mine and Industrial Supply Inc., and GMS Mine Repair were accused of negligence for supplying foam seals that failed in the explosion.
- CSE Corp. was accused of manufacturing defective SR-100 emergency air packs, with additional claims of breach of warranty and failure to warn users about problems operating the equipment.3Pittsburgh Post-Gazette. More Sago Mine Families File Suits
The suit sought unspecified compensatory and punitive damages. It alleged that McCloy had “endured great physical pain and suffering, permanent scarring and disfigurement, and extreme mental anguish.”4NBC News. Sago Survivor Sues Mine Companies His injuries were severe: a collapsed lung, kidney failure requiring dialysis, damage to his heart and liver, and an anoxic brain injury caused by nearly two days of carbon monoxide exposure.5CNN. Mine Survivor in Critical Condition
When and How the Case Settled
In February 2008, Kanawha County Circuit Court records confirmed that McCloy’s case had been settled, along with the separate wrongful-death case brought by the estate of miner David Lewis.1Law.com. Sago Mine Lawsuits Settled The terms were kept confidential, and McCloy’s attorneys did not disclose the amount paid or the breakdown among defendants.
Nothing in the court record has since lifted that seal. No individual figure for McCloy, and no total for the Sago litigation as a whole, has ever been made public.
Workers’ Compensation Was Separate
McCloy and the families of the twelve deceased miners also received workers’ compensation benefits through BrickStreet Mutual Insurance Co., the insurer for Wolf Run Mining. That stream of money ran parallel to the civil lawsuit, not through it.
BrickStreet initially reserved $7.1 million for benefits, then revised the figure upward to $10.8 million. The increase came partly because of an April 2006 policy change by Governor Joe Manchin that extended spousal benefits beyond age 70, running instead until the spouse’s death or remarriage.6Insurance Journal. Sago Mine Insurer Increases Disaster Estimate BrickStreet estimated another $300,000 in administrative costs. Privacy rules prevented the insurer from disclosing what any individual claimant received, so McCloy’s share of workers’ comp, like his lawsuit settlement, stayed private.
How McCloy’s Settlement Fit the Broader Sago Litigation
McCloy’s suit was one of many. Families of eleven of the twelve deceased miners brought wrongful-death claims against ICG, Wolf Run, and other defendants. The family of crew foreman Martin Toler chose not to sue.7WV Gazette-Mail. Final Sago Mine Disaster Lawsuits Settled Those cases resolved in stages.
Before the final round, the families of James Bennett, Marty Bennett, Terry Helms, David Lewis, and Fred Ware reached agreements with ICG. By January 2009, six families had settled in total.8Insurance Journal. More Sago Mine Families Settle With ICG The remaining six families, those of Tom Anderson, Jerry Groves, George Hamner, Jerry Jones, Jackie Weaver, and Marshall Winans, settled with Wolf Run and ICG by November 2011. Kanawha Circuit Judge Charles King approved the settlements on November 16, 2011, closing the Sago litigation nearly six years after the explosion.9Legal Newsline. Final Sago Settlements Approved
Every settlement was sealed or kept confidential. Morgantown attorney Allan Karlin, who represented several families, said at the time that his clients were “focused on completing the steps necessary for the conclusion of the settlements.”7WV Gazette-Mail. Final Sago Mine Disaster Lawsuits Settled No criminal charges were ever brought against ICG or any individuals, and ICG itself was acquired by Arch Coal in June 2011 for approximately $3.4 billion, months before the final Sago settlements were approved.10Global Energy Monitor. International Coal Group
Where McCloy Is Now
McCloy never returned to coal mining. He and Anna have raised six children, Randal, Nicole, Dustin, Isabel, Isaac, and Shelby, and as of early 2026 have three grandchildren. The family lives in Simpson, West Virginia.11WV MetroNews. Remembering the Sago Mine Disaster 20 Years Later In a statement provided for the twentieth anniversary of the disaster, Anna McCloy said her husband is “doing really well and is keeping busy,” spending time with family, attending church, and singing. Friends and family have described him as quiet and soft-spoken, moving a little slower than before.12WV MetroNews. Sago Mine Disaster Survivor 10 Years Later