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COSTILOW v. ELKAY MIN. CO.

No. 23570.

488 S.E.2d 406 (1997)

200 W.Va. 131

Sue Ellen COSTILOW, Administratrix of the Estate of David Lee Jett, Deceased, Plaintiff Below, Appellant v. ELKAY MINING COMPANY, a West Virginia Corporation; Cecil L. Walker Machinery Co., a West Virginia Corporation; Caterpillar Tractor Co., a California Corporation; and Indiana Mills & Manufacturing, Inc., an Indiana Corporation, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided March 14, 1997.

Dissenting Opinion of Justice Maynard July 17, 1997.

Attorney(s) appearing for the Case

Norman W. White, Shaffer & Shaffer, Madison, for Appellant.

Thomas V. Flaherty, David S. Givens, Flaherty, Sensabaugh & Bonasso, Charleston, for Appellee, Elkay Mining Company.

PER CURIAM:

This action is before this Court upon an appeal from the final order of the Circuit Court of Logan County, West Virginia, entered on December 6, 1995. The action concerns the work-related death of David Lee Jett and is based upon the statutory "deliberate intention" exception to the immunity of employers from civil liability provided by the West Virginia workers' compensation system. W.Va.Code, 23-4-2(c)(2) [1991]. The appellant, Sue Ellen Costilow...

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