KANE v. CORNING GLASS WORKS

No. 16078.

331 S.E.2d 807 (1985)

Nelson T. KANE v. CORNING GLASS WORKS, a corp.

Supreme Court of Appeals of West Virginia.

Rehearing Denied December 21, 1984.

Dissenting Opinion February 13, 1985.


Attorney(s) appearing for the Case

Douglas S. Rockwell, Avey, Steptoe, Perry, Van Metre & Rockwell, Charles Town, for appellee.

Lacy I. Rice, Jr., Rice, Hannis & Douglas, Martinsburg, for appellant.


MILLER, Justice:

This case involves an industrial accident where Corning Glass Works contends that there was insufficient proof to show a deliberate intent to injure Nelson Kane, one of its employees, under W.Va.Code, 23-4-2, of our Workers' Compensation Act.1 Consequently, Corning maintains that the Circuit Court of Berkeley County erred in refusing its motion for a directed verdict.

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