Prashaw v. Titan Mining Corp.

Third-Party Suit Arising From Mine Accident Is Dismissed for Lack of Jurisdiction

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ADDITIONAL CASES Titan Mining Corporation and Empire State Mines LLC, Third-Party Plaintiffs, v. Dumas Contracting USA Inc. and CSA Group, Third-Party Defendants MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiffs Casey G. Prashaw and Lindsey R. Prashaw initiated this action in the Supreme Court of the State of New York, County of St. Lawrence, on March 6, 2020. See Dkt. No. 2. Plaintiffs’ claims arise from the alleged failure of a mine elevator braking system. See id. at 34. On July 20, 2020, this action was removed to federal court. See Dkt. No. 1. On August 13, 2021, Defendants Titan Mining Corporation and Empire State Mines filed a third-party complaint against Third-Party Defendants Dumas Contracting USA and CSA Group. See Dkt. No. 64. Third-Party Plaintiffs Titan and Empire allege claims for common law contribution and common law indemnification against both Third-Party Defendants, and a contractual indemnification claim against Third-Party Defendant Dumas. See id. at

9-34. Presently before the Court are Third-Party Defendants’ motions to dismiss. See Dkt. Nos. 74, 95. For the following reasons, Third-Party Defendants’ motions to dismiss are granted. II. BACKGROUND On or about July 27, 2018, Plaintiff Casey Prashaw descended into the Empire State Mine. See Dkt. No. 2 at 34. The elevator braking system unexpectedly engaged, causing the elevator to abruptly stop and injure Plaintiff. Id. The United States Department of Labor, Mine Safety and Health Administration investigated the incident and determined that the Digital Brake Regulator (“DBR”) Panel was not properly installed. Id. at 36. The brake system was designed and manufactured by Defendant G.L. Tiley. Dkt. No. 64 at 5. The mine was owned by Defendant and Third-Party Plaintiff Titan and operated by Titan’s subsidiary, Defendant and Third-Party Plaintiff Empire State Mines. Id. at

Prashaw v. Titan Mining Corp.

Third-Party Suit Arising From Mine Accident Is Dismissed for Lack of Jurisdiction

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