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CLINE v. JOY MFG. CO.

Nos. 15649, 15660.

310 S.E.2d 835 (1983)

Tim CLINE, et al. v. JOY MFG. CO. et al., Defendants Below, Jumacris Mining Co. (Two cases).

Supreme Court of Appeals of West Virginia.

Dissenting Opinion December 15, 1983.

Rehearing Denied December 15, 1983.

Attorney(s) appearing for the Case

William L. Jacobs, Parkersburg, H. Truman Chafin, Williamson, for Cline et al.

Jackson, Kelly, Holt & O'Farrell, John L. McClaugherty, W.T. Shaffer and A.L. Emch, Charleston, Lawson & Lawson and J. Brooks Lawson, Jr., Williamson, Pamela A. Lambert, Gilbert, for Jumacris Mining Co.

MILLER, Justice:

This case is on cross-appeals from the Circuit Court of Mingo County which granted the defendant's motion for a new trial on damages, but denied its motion to set aside the jury verdict as to liability. The cause of action arises under the deliberate intent exception in the Worker's Compensation Act, W.Va.Code, 23-4-2, which we discussed at some length in Mandolidis v. Elkins Industries, Inc., W.Va., 246 S.E.2d 907

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