UPDATE 6/27/12 @ 11:40 a.m.
MORGANTOWN, W.Va. (AP) -- The family of an Ohio man who died after his leg was ripped off at West Virginia's Shoemaker Mine has filed a wrongful death lawsuit against Consol Energy.

Sixty-two-year-old Charles McIntire of Shadyside, Ohio, died Oct. 17, 2011, when a ditch-digging machine surged forward and ran over him.

The lawsuit says Consol and McIntire's supervisor failed to conduct a safety hazard inspection, failed to keep the machine in safe operating condition and failed to ensure it had emergency shut-off switches.

The state mine safety office issued two violations related to the equipment.

The complaint by McIntire's daughter was originally filed in Marshall County Circuit Court but recently transferred to U.S. District Court in Wheeling.

Pennsylvania-based Consol hadn't filed a response by Wednesday, and a company spokesman didn't immediately comment.

The mine is owned by CONSOL Energy.

CONSOL says just before 8 Monday night, a worker was killed in an accident in an above ground area of the mine.

The Marshall County Emergency Management Agency Director says the worker who was killed seriously injured his leg in a shop area of the mine, though CONSOL has released no details about the accident.

A mine spokeswoman says CONSOL is working closely with state and federal mine safety officials to determine the incident's cause.

CONSOL says the mine will be idled until additional information is gathered.

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