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PENESCHI v. NATIONAL STEEL CORP.

No. 15069.

295 S.E.2d 1 (1982)

Joseph PENESCHI, et al. v. NATIONAL STEEL CORP., et al. v. KOPPERS CO., INC.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion July 7, 1982.

Rehearing Denied September 16, 1982.

Attorney(s) appearing for the Case

Bogarad & Robertson and William R. Kiefer, Weirton, for appellants.

Frankovitch & Anetakis, Carl N. Frankovitch and George J. Anetakis, Weirton, for appellee National Steel Corp.

Donell, DeLaMater & Hagg and W. Dean DeLaMater, Weirton, for appellee Koppers Co., Inc.

Bachmann, Hess, Bachmann & Garden, John B. Garden and R. Noel Foreman, Wheeling, for appellee Hamilton.

Schrader, Stamp, Byrd, Byran, Johnson & Companion, Fred P. Stamp and James F. Companion, Wheeling, for appellee Yobe.

NEELY, Justice:

On 15 December 1972 Joseph Peneschi was an employee of Koppers Company, Inc., when a coke oven battery located on Browns Island in the Ohio River that Koppers was building for the National Steel Corporation exploded. Mr. Peneschi was standing on a water tank approximately one hundred feet from the explosion; he jumped from the tank and allegedly injured himself. Mr. Peneschi and his wife brought suit against...

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