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SIAS v. W-P COAL CO.

No. 19672.

408 S.E.2d 321 (1991)

Lilirose SIAS, Administratrix of the Estate of Gerry Sias, Deceased; Hollie Smith and Merry Smith; and John Starr and Brenda Starr, Plaintiffs Below, Appellants, v. W-P COAL COMPANY, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided July 19, 1991.

Attorney(s) appearing for the Case

Bradley J. Pyles, Grant Crandall, Perry D. McDaniel, Crandall & Pyles, Logan, for appellants, Lilirose Sias, Administratrix, and Hollie Smith and Merry Smith.

William S. Steele, Preiser Law Offices, Charleston, for appellants, John Starr and Brenda Starr.

Anita R. Casey, Meyer, Darragh, Buckler, Bebenek, Eck & Hall, E. Forrest Jones, Albertson & Jones, Charleston, for appellees.

McHUGH, Justice:

This consolidated appeal by the plaintiffs from a judgment notwithstanding the verdict involves the "deliberate intention" statutory exception to employer immunity from work-related tort liability to employees under the West Virginia Workers' Compensation Act, specifically, W.Va.Code, 23-4-2(c)(2)(ii) [1983, 1991].1 We believe the trial court, the Circuit Court of Logan...

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