Book Review of The Buffalo Creek Disaster

Gerald M. Stern: The Buffalo Creek Disaster

Gerald M. Stern is the author of The Buffalo Creek Disaster. The protagonists of the narrative are the victims of a coal mining accident who successfully sued the Pittson Coal Company in this instance. The catastrophe happened in February 1972 when a Pittson Company-owned dam that was impounded burst, spilling its contents into Buffalo Creek Hollow in southern West Virginia. Four thousand people were left homeless as well as 125 fatalities and over a thousand injuries as a result of the disaster. Some of the survivors chose to file a class action lawsuit against the corporation and rejected the meager payouts that the company's insurance department offered (Cowan n.p). This paper is a review of the book.

Impressions from the Book

A minimum of ten (10) impressions, reactions, or take-away comments from the book

The book gives an impression that the author’s perspective is that of crime and correction. He has a strong desire for justice, gets involved personally and this drives him harder on the defense. The mining company’s disregard for people’s lives ended up costing the people involved their lives leaving the survivors with physical, mental and emotional scars. The book exposes greed by the company since it was aware of the condition of the dam and what it would take to renovate it but no efforts were made towards the renovation even something as simple as a drainage pipe. Post-traumatic stress disorder (PTSD) was recognized at a time when the case was unheard of and difficult to prove. The influence of the company did not in any way influence the judge’s decision.

Reaction to the Outcome of the Case

Your reaction to the outcome of the case

My reaction to the case is that of satisfaction as justice prevailed for the victim. The mining company was in the wrong as it knowingly and continually violated regulations requirements of the industry. It had built many reckless dams due to the shortage of funds and could not afford to keep up with the safety standards required in the mining industry. The company was therefore held liable for their actions.

Ethical Conduct Assessment

Your personal assessment of the ethical conduct of Gerald M. Stern (attorney), K.K. Hall (Judge), Pittson, the management of Buffalo Creek

It is evident that Stern realized the negligence of the mining company and argued his clients’ claims for damages based on this gross negligence. He was emotionally involved and ensured that his clients got the justice that they deserved. The conduct of Judge Hall is also ethical as his rulings favored the plaintiff when the defendants tried to use underhand tactics to avoid liability. The Pittson Company and the management of Buffalo Creek were unethical as they claimed the disaster to be an act of God while it was caused by their negligence. The company was notified of the deteriorating condition of the dam but it did not do anything about it and they failed to take responsibility for the disaster.

Impact on View of the Legal System

How the case/story has impacted your view of the legal system (has it re-affirmed what you thought or, perhaps, changed your view?)

The case has reaffirmed my view of justice for all since Pittson was a big company with all the resources that they could have used to avoid liability for the Buffalo Creek Disaster but it failed since justice prevailed. Piston tried to mitigate their liability to the survivors by attempting to disapprove the survivor’s claim of psychiatric impairment, they questioned how the plaintiffs came to hire their legal representatives and they attempted to discredit the claims of thirty plaintiffs who were not physically harmed during the incident but their efforts were fruitless. The lead attorney for the defendants was able to pierce through the corporate veil. The company eventually ended up paying 13.5 million dollars in settlement and another 4.8 million dollars for children who were not represented in the first claim (Stern 55-56).

Advice to Attorney Stern

Knowing what you now do, what would you advise Attorney Stern (or someone in his position), if a case like this were to occur again?

I would advise that a class action be brought against the company involved for their gross negligence and seek damages for psychiatric trauma for the victims, emotional damage arising from the survival syndrome brought by losses of homes, family, and friends.

Works Cited

Cowansept, Paul. The Buffalo Creek Disaster. 5 September 1976. 6 December 2017 .

Stern, Gerald. The Buffalo Creek Disaster. New York: Random House Inc., 1976.