KERNS v. SLIDER AUGERING & WELDING, INC.

No. 24017.

505 S.E.2d 611 (1997)

202 W.Va. 548

Thomas E. KERNS, an individual, Plaintiff Below, Appellant, v. SLIDER AUGERING & WELDING, INC., a West Virginia Corporation; The Salem Tool Company, an Ohio Corporation; Salem Tool, Inc., a Kentucky Corporation; 92 Coal Corp., a West Virginia Corporation; and S & M Glass, Inc., a West Virginia Corporation, Defendants Below, Appellees. SLIDER AUGERING & WELDING, INC., Third-Party Plaintiff Below, Appellee, v. STEAR AUGER MINING, INC., a Corporation; General Electric Company, a Corporation; and Boyer Equipment Co., a Corporation, Third-Party Defendants Below, Appellees. S & M GLASS, INC., Third-Party Plaintiff Below, Appellee, v. GENERAL ELECTRIC COMPANY, a Corporation, Third-Party Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided December 16, 1997.


Attorney(s) appearing for the Case

E. William Harvit, Shinaberry & Meade, Charleston, Bradley Oldaker, Wilson & Bailey, Weston, for the Appellant.

James A. Liotta, Tharp, Liotta, Janes & Yokum, Fairmont, for Appellee Slider Augering & Welding, Inc.

David K. Schwirian, Pauley, Curry, Sturgeon & Vanderford, Charleston, for Appellee 92 Coal Corp.

Harold K. Sklar, McNeer, Highland, McMunn & Varner, Clarksburg, for Appellee S & M Glass, Inc.

Carol Marunich, Furbee, Amos, Webb & Critchfield, Fairmont, for Appellee Stear Auger Mining, Inc.

Steven R. Hardman, Bowles Rice McDavid Graff & Love, Parkersburg, for Appellee General Electric Company.

M. Claire Winterholler, Meyer, Darragh, Buckler, Bebenek & Eck, Charleston, for Appellee Boyer Equipment Co.


PER CURIAM:1

This action is before this Court upon an appeal of the final orders of the Circuit Court of Marion County entered on July 9, 1996, and November 12, 1996. The appellant, Thomas Kerns, an employee of appellee, Slider Augering and Welding, Inc. (hereinafter "Slider"), was injured in a mining accident while he was performing auger mining operations for appellee, 92 Coal Corporation...

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