ROBERTS v. CONSOLIDATION COAL CO.

No. 26850.

539 S.E.2d 478 (2000)

Steven M. ROBERTS; Deborah S. Roberts, His Wife; and Jennifer M. Roberts and Steven Michael Roberts, Jr., His Children, Plaintiffs Below, Appellants, v. CONSOLIDATION COAL COMPANY, A Delaware Corporation; and the Hemscheidt Corporation, A New York Corporation; and John Does One Through Ten, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided July 19, 2000.


Attorney(s) appearing for the Case

Crystal Hawkins Castleberry, Morgantown, West Virginia, Gregory A. Gellner, Gellner Law Offices, Wheeling, West Virginia, Attorneys for the Appellant, Steven M. Roberts.

Robert M. Steptoe, Jr., Amy M. Smith, Steptoe & Johnson, Clarksburg, West Virginia, Robert M. Vukas, Senior Counsel, Consol, Inc., Pittsburgh, Pennsylvania, Attorneys for the Appellee, Consolidation Coal Company.

R. Dean Hartley, James M. O'Brien, Hartley & O'Brien, Wheeling, West Virginia, Counsel for Amicus Curiae, West Virginia Trial Lawyers Association.

John L. McClaugherty, Alvin L. Emch, Mychal S. Schulz, Jackson & Kelly, Charleston, West Virginia, Counsel for Amicus Curiae, The West Virginia Chamber of Commerce.

Thomas Patrick Maroney, Charleston, West Virginia, Counsel for Amicus Curiae, West Virginia State Labor Federation, AFL-CIO.


DAVIS, Justice:

The plaintiff below and appellant herein, Steven M. Roberts [hereinafter "Roberts"], appeals the September 16, 1998, judgment order of the Circuit Court of Monongalia County which upheld a jury verdict returned against the defendant below and appellee herein, Consolidation Coal Company [hereinafter "Consol"]. During the appellate proceedings in this Court, Consol moved to dismiss Roberts' appeal, alleging...

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