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DALTON v. CHILDRESS SERVICE CORP.

No. 21452.

432 S.E.2d 98 (1993)

189 W.Va. 428

Diana L. DALTON, Administratrix of the Estate of Thurman R. Dalton, Deceased, Plaintiff Below, Appellee v. CHILDRESS SERVICE CORP., a West Virginia Corporation, and Lo-Ming Coal Corporation, Defendants Below, Lo-Ming Coal Corporation, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided June 11, 1993.

Attorney(s) appearing for the Case

Guy R. Bucci, Charleston, for appellee.

John M. Slack, III, Jackson & Kelly, Charleston, for Childress.

David M. Kersey, Jerry Cameron, Brewster, Morhous & Cameron, Bluefield, for Lo-Ming.

NEELY, Justice.

This is a wrongful death suit by the spouse of the late Thurman Dalton (plaintiff below, appellee) against his employer, Childress Service Corp. (defendant below) and Lo-Ming Coal Corp., appellant. Mr. Dalton was killed in an on-the-job accident while modifying part of a coal processing plant for Childress, his employer. Lo-Ming holds mining rights to tracts of coal property; Lo-Ming contracted with Childress to mine coal on Lo-Ming's land. As part...

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