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The Buffalo Creek Disaster: How the survivors of one of the worst disasters in coal-mining history brought suit against the coal company--and won (Vintage) | 
 enlarge | Author: Gerald M. Stern
Publisher: Vintage
Category: Book
List Price: $11.95
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Avg. Customer Rating:  22 reviews
Sales Rank: 6847
Media: Paperback
Number Of Items: 1
Pages: 304
Shipping Weight (lbs): 0.5
Dimensions (in): 7.8 x 5.3 x 0.8
ISBN: 0307388492
Dewey Decimal Number: 345.730268
EAN: 9780307388490
ASIN: 0307388492
Publication Date: May 6, 2008
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Product Description
One Saturday morning in February 1972, an impoundment dam owned by the Pittston Coal Company burst, sending a 130 million gallon, 25 foot tidal wave of water, sludge, and debris crashing into southern West Virginia's Buffalo Creek hollow. It was one of the deadliest floods in U.S. history. 125 people were killed instantly, more than 1,000 were injured, and over 4,000 were suddenly homeless. Instead of accepting the small settlements offered by the coal company's insurance offices, a few hundred of the survivors banded together to sue. This is the story of their triumph over incredible odds and corporate irresponsibility, as told by Gerald M. Stern, who as a young lawyer and took on the case and won.
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| Customer Reviews: Read 17 more reviews...
 Do the math July 31, 2008
Well I will concede that this staple of civil procedure classes in law school is a good read, but let's do the math. When you see what Stern's firm took and you see what the victims got, we know that the law firms were the winner's here and the people who lost their lives and homes with all their possessions did not fair very well at all. For that reason, it's probably a good introduction to class action litigation.
Interesting and informative July 10, 2008
Suggested reading for pre-law school students, this book contains the representing attorney's actual story about a lawsuit involving the coal industry. The terminology, processes and struggles included in the story, as well as the lawyer's thought-processes and actions introduce the reader to the real world of legal advocacy, which is not parallel to the Law & Order dramas on television. If you're contemplating entering the legal profession, this book narrates one situation with enough detail to give you a feel for the work you may be doing.
 Win for Stern overshadowed "win" for victims June 5, 2008
This book was on my law school reading list. I was supposed to read it before school started but never got around to it. Now that I've graduated, I decided to read it. I enjoyed the beginning. I was stirred by the description of what happened when the dam broke. I perceived empathy in the author's tone. Immediately, I was pulling for the victims, regardless of whether they were significantly impacted by the flood or only had minimal contact with the disaster. But, as the book went on, the tone changed. I felt like it was more a story about Stern. The author seemed to become more boastful. It also seemed like he spent a long time thoughtfully writing the beginning of the book, then rushed to finish it at the end. The end was not as compelling as the beginning. The end was slightly unsatisfying. Overall, this is an interesting book that tells the story of what happened in Buffalo Creek and a self-appraisal of how Stern thinks his lawyering was during the case. The downside is that the end turned into a story about Stern's "win" in negotiating a settlement instead of a win for the victims. The book would also be well-served by print of a second edition with an epilogue. You'll end up asking yourself how much the survivors really did win, and whether there truly was a lasting impact on coal companies.
 They won??? Really??? August 23, 2007
3 out of 4 found this review helpful
I too had to read this book for my Civil Procedure class. Let me start off with the positive. With the coal disaster that just happened in Utah, I thought it was quite interesting that the response was the exact same by the coal mining owners. Both Piston / Buffalo Mine Co. (from the book) and the Utah mine owner prematurely said the disasters were an "act of God," without yet knowing all of the facts. And I do think Stern did a good job at getting the reader very upset with the coal companies. However, that was where the positives ended for me.
First off, there were so many spelling / grammar errors, that I lost count. Did Stern have someone proof read the book? The errors are so obvious, I can't believe someone didn't catch it. Now, as for the substance of the book, Stern provides WAY too much detail. He could have cut the book literally in half. I know Civil Procedure teachers like this book since it is so comprehensive and talks about diversity and all that, but I just felt like there was way too much unnecessary detail in the book. Although, I read through all the boring / unnecessary parts, because I thought it would be a good ending. Wrong! By the title of the book I expected that the plaintiffs would be set for life. Which was hardly the case. I don't want to give away the final number, but let's just say that at the very beginning Piston offered $10,000 each for the wrongful deaths. And after all the time and energy, the plaintiffs only got $13,000 each. And they actually got a lower amount because in their net recovery had to be adjusted for the expenses and legal fees of the case paid to the lawyers. In fact, Stern doesn't even list a net amount, adjusted for legal fees and expenses, that the plaintiffs took in because I think it would be too embarrassing. Ok granted, that Stern was able to get the original 200 something plaintiffs up to 625 because he filed for the each person, even the children, and not just the families. Thus, the families did take in more than they would have gotten originally, since it around $13,000 each compared to $10,000 as a family as a whole. But I would hardly say that they beat Piston. Stern had originally asked for $64 million; which in settlement talks immediately went down to almost half that at $32.5 million. Then he was trying to negotiate between their high number and Piston's low number of $3 million. And if you think he even got the middle number between 32.5 and 3--well, you would be wrong. I actually think Piston won! They had insurance to up to $17 million. And well, the settlement number was way below that. This made me so mad because I do think Stern had made a case for wanton and reckless and not just negligence. I know this was in the 70's and everything must be adjusted for inflation, but I still don't think this was a great number. Basically what happened is that the plaintiffs just got the same initial settlement that Piston offered, but it was for each person affected by the disaster including the children. This is hardly a win in my book. And what about the people that maybe just lost a spouse and they had no children between them? They would have been better off just settling immediately. They could have gotten the money right away. Stern at the beginning of the book laughed off Piston's $10,000 wrongful death settlement amount. But isn't this just what the plaintiffs got for their lost ones except years later?
What is very interesting is that Stern and his lawyers got off with a cool $3 million. And he boasts "sometimes you do well by doing good." He is way too self-righteous. Just because the lawyers may have done well doesn't mean the plaintiffs did well. And just because he calls it a "win" doesn't mean that it is such. After everything that these people went through, I feel they got screwed twice over, first by Piston/ Buffalo Mining Coal Co. and then by a self-righteous lawyer who made bank off of them. And Piston / Buffalo made off fairly well. Will someone who liked this book please explain to me how the plaintiffs "won?" Because I just don't get it.
 There are lawyers who do good January 6, 2006
2 out of 2 found this review helpful
I was assigned to read this for my Civil Procedure class in law school. Although I dreaded reading it, once I started, I could not put it down. As a law student (or if you are a lawyer for that matter), this was a great insight into how a lawsuit is constructed on such a grand scale. Even if you have no interest in law, Stern manages to tell such a compelling story, I would recomend this book to anyone. It provides great insight into the operations of a corrupt coal company, a state and region at the industry's mercy, and people who felt helpless when their lives were destroyed by the mining company's negligence and the state's oversight. A definite must read.
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