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

The book has two main aspects -- telling the survivors' story, which it does in beautiful, painful detail through their own words -- and telling how Stern fought a major corporation that flagrantly flouted the law in a state bought and paid for by that industry and won. Its does both well, without making either element feel shortchanged.Buffalo Creek took place a few years before PTSD was coined as a description, but as Stern outlines the effects the disaster had on the survivors, it's clear that PTSD was the major effect of the disaster. It also was the biggest part of the legal battle, as Stern and his team fought to get the court and the mining company to recognize the mental suffering of the survivors. Stern compares it a few times to the effects on the survivors of the concentration camps during the Holocaust. Reading the survivors tell about that day, scene by scene, frame by frame, is painful. The imagery is vivid, and knowing they relive it every time they hear rain or try to go to sleep or do any number of other things most of us take for granted is mind-boggling.The first time Stern shows a survivor telling his story, it is a man whose young son was swept from his arms during the flood as they were carried away from the rest of their family. Stern tells how at the time he was hearing this, his son was about the same age, and he tried to imagine what it would be like seeing that happen with his own child. That's a tricky needle to thread in telling a story -- to relate something to your own life in a way that makes a connection without supplanting the original person's story. Stern does it with grace, and if I hadn't already been hooked by the facts of the case, that section would have compelled me to finish the story.The book is first-person, so it is impossible to separate story from storyteller. Stern comes across as somebody trying to do the right thing in the face of impossible odds. He fully admits that the legal team caught some breaks they could not have expected on, twists that make the story more compelling. Perhaps the moment that seemed most real to me -- beyond the line that first hooked me in the introduction -- was when the case is moving quickly toward trial. Stern is working on the trial brief, which he describes almost as writing a script for the trial. The legal teams on both sides also are discussing a settlement. Stern has a moment where he wishes the case could go to trial. Part of that is to tell the survivors' story, to make it impossible for another company to do what Pittston did in Buffalo Creek. But Stern also admits to wanting to be the Clarence Darrow of the story, to have a chance at the recognition that would come from trying the case. He's embarrassed by it, and knows even as he's writing that it's ego talking -- but we tend to do that in those situations. I know a lot of investigative journalists through IRE and NICAR. We're all driven by the story, the chance to uncover wrongdoing and shine a spotlight on problems. That doesn't mean we don't also occasionally think "Pulitzer. IRE Award. Etc." when working on a hot story. That moment, more than any other in the story, humanized Stern, at least for me.The other part of the story that worked is how Stern details legal issues and wrangling over jurisdiction and other obscure topics in such as way as to be both understandable and engrossing. Courts coverage can be full of jargon, not to mention filled with so many details as to bore anybody. (If I never see the phrase "Alford plea" in a story in the editing queue again, it will be too soon.) Stern avoids both pitfalls, keeping the complexity of the legal issues surrounding the story engaging and understandable. You don't have to have covered courts or be a legal scholar to understand the legal questions at issue in this story, and that is a huge success of the book, especially since it's written by a lawyer.Stern had the materials for a powerful story just in the facts of the case, but his voice throughout the book is what pulls it together. He is both conversational and educational, while knowing how to structure the telling of the tale to pull the reader along to the ending.

I had to read this for school but honestly it's a great read for anyone interested in the legal system or underdog stories.

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.

Prologue, epilogue and two pages in the last chapter were ripped out. Otherwise the book was in great condition.

Amazing text. It's on my law school jurisprudence list so I thought I'd give it a quick read. I had no expectations going in and I just might buy the hard copy to put in my library. That good. An amazing story of an attorney who didn't give up on his clients and sought out the best possible resolution for them.Absolutely riveting story and very well written. You do NOT have to be an attorney to appreciate the story line as he explains each step of the legal process. He gives you insight to a law firm and humanizes the job of an attorney, which I think some people so easily forget. We're not all corporate greedy blowhards and I appreciate his ability to portray what a true attorney feels and how getting "emotionally involved" in a case is not always the worst thing you can do.And you will learn what survivor's guilt is and you begin to think you have it yourself when you read through some of the personal stories which are incredibly emotional and moving.

Good book, needed for a class and was perfect !!