updated 2/8/2006 6:11:01 PM ET 2006-02-08T23:11:01

The wife of Sago Mine survivor Randal McCloy Jr. is suing her brother-in-law for taking pictures of her comatose husband and selling them to the National Enquirer.

Anna McCloy's lawsuit seeks unspecified damages from Matthew McCloy, the supermarket tabloid and its parent, American Media Inc.

The family has said Matthew McCloy was paid $800 for a photograph that appeared in the National Enquirer last month of Randal McCloy on life support at a West Virginia hospital.

McCloy was one of 13 miners caught in a Jan. 2 explosion at the Sago Mine. One miner was killed by the blast, and 11 others died of carbon monoxide poisoning.

No telephone listing for Matthew McCloy could be found.

American Media said it did nothing illegal in publishing the photo and the accompanying story.

"Matthew McCloy's intent in cooperating with the story was to call attention to the very serious issue of mine safety — a view fully supported by The National Enquirer. No one intended to do anything to harm Randal McCloy," spokeswoman Barrie Gordon said.

The lawsuit, filed in state court last week, replaces a suit filed against the tabloid last month in federal court.

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