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MOONEY v. EASTERN ASSOCIATED COAL CORP.

Nos. 15931, 15932.

326 S.E.2d 427 (1984)

Sandra MOONEY, Admx., etc. v. EASTERN ASSOCIATED COAL CORP. Sandra MOONEY, Admx., etc. v. EASTERN ASSOCIATED COAL CORP.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion February 6, 1985.

Attorney(s) appearing for the Case

R. Rodney Jackson and Rebecca Baitty, DiTrapano & Jackson, Charleston, for appellant.

H.G. Shaffer, Jr. and Charles S. Piccirillo, Shaffer & Shaffer, Madison, for appellee.

HARSHBARGER, Justice:

These are appeals of a final judgment of the Circuit Court of Boone County in a civil suit involving the deliberate intent provisions of our former Workers' Compensation Act, W.Va.Code, 23-4-2 [1969],1 that we discussed at length in Mandolidis v. Elkins Industries, Inc., 161 W.Va. 695, 246 S.E.2d 907 (1978). Upon a jury verdict of $850,000 for Sandra K. Mooney and her

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