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GALLAPOO v. WAL-MART STORES, INC.

No. 23151.

475 S.E.2d 172 (1996)

197 W.Va. 172

Douglas GALLAPOO, Plaintiff, v. WAL-MART STORES, INC., an Arkansas Corporation; Phoenix Associates, Inc., a West Virginia Corporation; C & S Erectors, Inc., a Corporation; and A.M. Eagle Contracting, Inc., an Indiana Corporation, Defendants.

Supreme Court of Appeals of West Virginia.

Decided July 19, 1996.

Attorney(s) appearing for the Case

Ronald W. Kasserman, Seibert, Kasserman, Farnsworth, Gillenwater, Glauser, Richardson & Curtis, Wheeling, for Plaintiff.

Richard A. Hayhurst, Parkersburg, for Defendant Wal-Mart.

R. Kemp Morton, Huddleston, Bolen, Beatty, Porter & Copen, Huntington, for Defendant Phoenix Associates.

F. Richard Hall, J. Michael Weber, Spilman, Thomas & Battle, Parkersburg, for Defendants C & S Erectors and A.M. Eagle Contracting.

RECHT, Justice:

In this certified case from the Circuit Court of Wood County, we are asked to address the right of an Indiana resident to bring a direct cause of action against his Indiana employer under West Virginia's deliberate intention statute. W. Va. Code 23-4-2(c)(2)(ii) (1994).1

The certified question and the trial court's answer is as follows:

If an Indiana resident temporarily employed in West Virginia is injured...

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