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RUSSELL v. BUSH & BURCHETT, INC.

Nos. 28398, 28720.

559 S.E.2d 36 (2001)

210 W.Va. 699

Fred RUSSELL, Jr., and Rebecca Russell, Plaintiffs below, Appellants, v. BUSH & BURCHETT, INC., a Kentucky corporation; Joe Burchett, an individual; Manitowac Cranes, Inc., a Wisconsin corporation; Essex Crane Rental Corporation, a New York corporation; and West Virginia Department of Transportation, Division of Highways, a public agency of the State of West Virginia, Defendants below, Appellees. State Board of Risk and Insurance Management, Appellee. Fred Russell, Jr., and Rebecca Russell, Plaintiffs below, Appellants, v. Bush & Burchett, Inc., a Kentucky corporation; Joe Burchett, an individual; Manitowac Cranes, Inc., a Wisconsin corporation; Essex Crane Rental Corporation, a New York corporation; and West Virginia Department of Transportation, Division of Highways, a public agency of the State of West Virginia, Defendants below, Appellees. State Board of Risk and Insurance Management, Appellee.

Supreme Court of Appeals of West Virginia.

Decided November 28, 2001.

Attorney(s) appearing for the Case

Lori Simpson Davis, Esq., Charleston, for Appellants.

Theresa Kirk, Esq., Gary E. Pullin, Esq., Pullin, Knopf, Fowler & Flanagan, Charleston, for West Virginia Department of Transportation, Division of Highways.

Scott W. Andrews, Esq., Offutt, Fisher & Nord, Huntington, for Bush & Burchett, Inc.

Darrell V. McGraw, Jr., Attorney General, Robert D. Williams, Assistant Attorney General, Charleston, for State Board of Risk and Insurance Management.

STARCHER, Justice.

In the instant case, we reinstate a "deliberate intention" personal injury claim that was made by an employee of a bridge construction company against his employer. The employee was injured while working on the "Kentucky end" of a West Virginia Division of Highways bridge construction project on the Tug Fork River; the circuit court dismissed the claim. We also reverse the circuit court's decision to dismiss...

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