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HARRIS v. MARTINKA COAL CO.

No. 24127.

499 S.E.2d 307 (1997)

201 W.Va. 578

Jerry HARRIS and Nora Harris, Plaintiffs below, Appellant and Cross-Appellee, v. MARTINKA COAL COMPANY, Defendant below, Appellee and Cross-Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 5, 1997.

Attorney(s) appearing for the Case

Allan N. Karlin, Jack S. Kaplan, Morgantown, for Appellants/Cross-Appellees.

Steven P. McGowan, Ancil G. Ramey, Steptoe & Johnson, Charleston, for Appellee/Cross-Appellant.

Robert M. Bastress, Emily A. Spieler, Morgantown, for Amici Curiae United Mineworkers of America International Union; The West Virginia AFL-CIO; and The United Steelworkers of America, AFL-CIO-CLC.

A.L. Emch, Mychal S. Schulz, Jackson & Kelly, Charleston, for Amicus Curiae West Virginia Business & Industry Council.

PER CURIAM:1

This appeal from the Circuit Court of Marion County arises from a deliberate intention action filed against an employer pursuant to W.Va.Code, 23-4-2 [1994]. A jury returned a verdict for the plaintiffs, Jerry and Nora Harris, and awarded $1.729 million for injuries Mr. Harris suffered in an underground mine accident while working for his employer, defendant Martinka Coal...

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