A new lawsuit alleges that the death of a 23year-old contract worker at the El Segundo Coal Mine near Grants, N.M., resulted from multiple safety lapses and a failed emergency response. The family of David Warren, who died in August 2022, is seeking justice and accountability from Peabody Energy, El Segundo Coal Company, and others named in the case.
On August 23, 2022, Warren, a welder, was sent to repair a latch on a 13-ton steel door of an industrial earth-moving shovel.
According to the lawsuit, the mine’s unsafe practice of 'blocking' the door with a plastic stop led to the door crushing Warren at the waist. The lawsuit alleges the emergency response was delayed and mishandled—no call to emergency services (911) was ever made, and the wrong coordinates were given to emergency responders.
Warren died more than an hour later while awaiting life flight assistance.
The suit, filed in Santa Fe County’s First Judicial District Court, accuses the mine operators of negligence, failure to provide proper safety procedures, and inadequate rescue plans. The lawsuit also cites the mine’s above-average incident rate in 2021 as evidence of a dangerous work environment.
“This tragedy was avoidable,” said Tyson E. Logan, an attorney for the Warren family. “The series of safety lapses and the inadequate response are deeply troubling.”
Warren’s family expressed their devastation and hope that the case will bring justice and prevent similar incidents in the future. The lawsuit highlights Caterpillar, Inc.’s later development of a safer, latch-free door design as evidence of a feasible alternative.
The case is Todd Lopez v. Peabody Energy, El Segundo Coal Company, et al., Case No. D101-CV-2024-00910.