The future of several lawsuits against the company that built the seals at Sago Mine could hinge on one question.
A Kanawha County judge is deciding how close someone has to be to a mining disaster to suffer emotional distress from seeing the events unfold.
Attorneys for GMS Mine Repair are trying to get some of the lawsuits thrown out, because they said the families can't sue unless they were at the mine when the explosion happened.
Lawyers for the plaintiffs, however, said a nearby church where the families gathered during the rescue effort was close enough to warrant a lawsuit.
The sides have two weeks to submit proposed orders to the judge.