Select Page

Buffalo Creek Disaster

Objective: Understand and thoughtfully consider a real-life example of the use of a class action tort claim to respond to an environmental disaster.  Instructions: Read The Buffalo Creek Disaster by Gerald Stern and answer the questions below.  QUESTIONS – Answer all questions!  • Factual Analysis (your response should be an intelligent discussion of what occurred)  1. Describe the facts leading up to the case.  2. Identify the venue. Why was that location/court chosen?  3. Identify the primary defendant. Why was that defendant chosen? 4. Identify the lead plaintiff. Why was that plaintiff chosen?  5. Identify the cause(s) of action (legal theory upon which case is brought).  6. Describe one evidentiary issue/problem that arose during the case.  7. Describe how the case was resolved. • Personal Opinion (support your opinion with facts and present your argument in a persuasive manner)  1. Who should play a greater role in keeping people safe from coal mining accidents: private coal companies or the government?  2. Coal is the economic backbone of West Virginia, but coal mining has also hurt West Virginians. Should West Virginia continue to mine coal?  3. Was justice achieved in the Buffalo Creek disaster?