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SPAULDING v. ADS-ANKER DATA SYSTEMS—MIDWEST, INC.

Nos. 73-1442, 73-1467.

498 F.2d 517 (1974)

Samuel SPAULDING, an infant under the age of 21 years, who institutes this suit by his father and next friend, Junior LeRoy Spaulding, and Junior LeRoy Spaulding, Appellants, v. ADS-ANKER DATA SYSTEMS—MIDWEST, INC., a corporation, Appellee. Robert N. JOHNSON, Appellant, v. ADS-ANKER DATA SYSTEMS—MIDWEST, INC., a corporation, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 29, 1974.

Attorney(s) appearing for the Case

Robert W. Lawson, III, Charleston, W. Va. (Rudolph L. Di Trapano and Di Trapano, Mitchell, Lawson & Field, Charleston, W. Va., on brief), for appellants.

John M. Slack, III, and Robert K. Kelly, Charleston, W. Va. (Jackson, Kelly, Holt & O'Farrell, Charleston, W. Va., on brief), for appellee.

Before BOREMAN, Senior Circuit Judge, and WINTER and CRAVEN, Circuit Judges.

CRAVEN, Circuit Judge.

In this diversity jurisdiction case we apply the law of West Virginia with respect to the duty of an employer to provide its employees with a reasonably safe place in which to work and reasonably safe appliances and instrumentalities with which to perform their assigned duties. The district court entered summary judgment against complaining employees Johnson and Spaulding and in favor of their employer Ads-Anker Data Systems—Midwest,...

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