The Sunshine Mine Case

One of Cox’s biggest law cases was against the Sunshine Mine owners.  This case gained national attention.  The Sunshine mine was located near Kellogg Idaho.  It was a productive mine, “Over its one-hundred-and-ten-year history, the Sunshine has produced millions of tons of lead, zinc, and copper; and over 360 million ounces of silver.” [1] On May 2, 1972 at 11:30 am,  a fire broke out in the mine.  “The fire was located on the air intake side of the mine, circulating deadly carbon monoxide throughout the main airways.” [2]  Workers weren’t aware of the fire, until smoke was seen, and by that point, most of the exits were blocked.  The hoist operator was frantically hauling as many men out as possible, and after eighty were freed, he died of monoxide poisoning.  From that point on, only two more miners could be rescued.  At 2 pm, rescue operators arrived, but by that time, ninety one miners had died of smoke inhalation.  “The exact reason and location for the fire is unknown. Because the fire damaged walls and support beams, the mine partially collapsed, burying areas that might have provided clues.” [3]  This has been called the worst mining disaster in Idaho.  

The reason for eventual lawsuits were two-fold.  First, the company failed to have exit routes, and second, miners were in unsafe working conditions.  The lawsuits that followed over safety concerns led to Congress enacting laws to safeguard mines.  “This disaster prompted Congress to pass the Federal Mine Safety and Health Act of 1977, improving safety standards for hard rock mining.” [4]  This act included requiring mines to provide ventilation, and disaster plans.  In addition, “The act also stipulated mandatory disaster training so all miners knew what to do and where to go in an emergency, and it required miners to have personal oxygen tanks with them at all times.” [5]  While these safety measures were one good thing to come out of the tragedy, Cox was suing for a different reason, the miners' families. 

The Sunshine Mine Company did not offer very much compensation to the miners’ families.  Cox, along with several other firms filed a wrongful death lawsuit against The Sunshine Mine Company.  From a family newsletter written in March of 1978, Frances Cox writes, "Work on the Sunshine Mine case, the largest ever to be tried in the state of Idaho, consumes most of Dad's time and energy right now. . ." [6].  In a family newsletter in June of 1978, Frances writes, "Ray says his experience with this lawsuit has been more educational and interesting than all his years of formal education and practice, and feels very privileged to have the opportunity to participate." [7]   “The heirs contend in their $660 million suit that the deaths were caused by burning supposedly fire-retardant foam sprayed on a wooden bulkhead, to seal off old workings at the 3,400 foot level.” [8]  Experts from England and Germany were brought in, who stated that this same material causes lethal fumes in their countries, and so was banned.  Cox and the defendants claimed the company knew this material wasn’t safe, yet used it anyway.  This case was heard by U.S. District Court Judge Ray McNichols.  After a long drawn out battle, The verdict was, “Federal District Judge Ray McNichols ruled today the Federal Bureau of Mines and a polyurethane foam manufacturer were not liable for the Sunshine Mine disaster that killed 91 miners at Kellogg, Idaho, in May 1972.”  [9]  Gregg Olsen wrote a book titled, The Deep Dark, which is about the Sunshine Mine.  He writes about the outcome of this case, "As expected, the lawsuits to place blame and accountability took their sweet time to make it to trial.  Widows did not sue Sunshine.  For some that was out of loyalty, but also because by accepting the $25,000 paid over ten years from workmen's compensation, they were precluded from taking legal action against the company.  By the time the primary case was heard in a U.S. District Court in Boise, six years after the fire, in 1978, many of the litigants had dropped out or settled.  A consortium of chemical companies that had had a role in the manufacture of the foam settled for $6 million, to be divided among lawyers and the two-hundred-plus heirs of representative families.  Sunshine was also a plaintiff seeking damages from the USBM, the Pittsburgh firm that manufactured the self-rescuers, and the makers of the foam, Mine Safety Appliances Company.  The chemical companies, however, did not settle with the mine.  The government argued that no blame could be placed anywhere because the facts were unclear about when the fire ignited, where it started, and the role, if any, of the polyurethane foam.  The government lawyers also tried to prove that Sunshine was more focused on production that on safety and therefore was to blame.  After five months of testimony, including five days with Launhardt on the stand, Judge Ray McNichols ruled in favor of the defendants.  Judge McNichols was unconvinced about the role of the foam.  He said that even if the polyurethane foam had been the cause of the catastrophe, the federal government couldn't be liable under the federal Tort Claims Act. Many disagreed with the judge's ruling, but in the end it stayed firm.  The only proof that polyurethane foam was recognized as dangerous was that after the Sunshine fire, no American mines continued to use the product underground." [10]  Since the mine was not found liable for safety, the miners' families received only the standard workman's compensation, which was two years salary.  Cox was devastated that the families did not receive more compensation for their loss on that day.  

[1] Carpenter, Cory. n.d. “The Sunshine Mine Disaster - Idaho's Worst Mining Disaster.” Spokane Historical. Accessed April 13, 2025. https://spokanehistorical.org/items/show/461.

[2]   Carpenter, Cory. n.d. “The Sunshine Mine Disaster - Idaho's Worst Mining Disaster.” Spokane Historical. Accessed April 13, 2025. https://spokanehistorical.org/items/show/461.

[3] Wagner, Megan. n.d. “Sunshine Mine Disaster.” Intermountain Histories. Accessed April 13, 2025. https://www.intermountainhistories.org/items/show/539.

[4] Wagner, Megan. n.d. “Sunshine Mine Disaster.” Intermountain Histories. Accessed April 13, 2025. https://www.intermountainhistories.org/items/show/539

[5] Wagner, Megan. n.d. “Sunshine Mine Disaster.” Intermountain Histories. Accessed April 13, 2025. https://www.intermountainhistories.org/items/show/539

[6] Frances Cox, “March 1978 Ericksen Family Newsletter,” March 1978.

[7] Frances Cox, “June 1978 Ericksen Family Newsletter,” June 1978.

[8] Etlinger, Charles. 1978. “Sunshine Mine Foam Lethal, Witness Says.” The Idaho Statesman, April 4, 1978.

[9] The New York Times. 1978. “Around the Nation; Mine Unit and Foam Maker Cleared in Deaths of 91.” June 17, 1978, 6. https://timesmachine.nytimes.com/timesmachine/1978/06/17/110869479.html?pageNumber=6.

[10] Gregg Olsen, The Deep Dark (Crown, 2005).

Bibliography

Carpenter, Cory. n.d. “The Sunshine Mine Disaster - Idaho's Worst Mining Disaster.” Spokane Historical. Accessed April 13, 2025. https://spokanehistorical.org/items/show/461.

Etlinger, Charles. 1978. “Sunshine Mine Foam Lethal, Witness Says.” The Idaho Statesman, April 4, 1978

Nytimes.com. “Around the Nation; Mine Unit and Foam Maker Cleared in Deaths of 91 ,” 2025. https://timesmachine.nytimes.com/timesmachine/1978/06/17/110869479.html?pageNumber=6.

Wagner, Megan. n.d. “Sunshine Mine Disaster.” Intermountain Histories. Accessed April 13, 2025. https://www.intermountainhistories.org/items/show/539.