The explosion occurred July 13, 2004, at Parrish Shaft in Blacksville. Jenkins, a North West Fuels Development Inc. methane power plant operator, entered a portable toilet, sat down and tried to light a cigarette.

"When I struck the lighter, the whole thing just detonated the whole top blew off," John Jenkins said. "I can't tell you if it blew me out the door or if I jumped out."

The lawsuit says the cigarette ignited methane gas leaking from a pipe underneath the unit.