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NUTTER v. OWENS-ILLINOIS, INC.

No. 28243.

550 S.E.2d 398 (2001)

209 W.Va. 608

Chester NUTTER and Alma Nutter, his wife, Plaintiffs below, Appellants, v. OWENS-ILLINOIS, INC., Defendant below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided June 28, 2001.

Attorney(s) appearing for the Case

Kenneth P. Hicks, Esq., Huntington, West Virginia, Donald R. Capper, Esq., Proctorville, OH, Attorneys for Appellants.

David K. Hendrickson, Esq., Robert A. Flaugher, Esq., Barbara A. Allen, Esq., Hendrickson & Long, P.L.L.C., Charleston, West Virginia, Attorneys for Appellee.

STARCHER, Justice:

In this appeal from the Circuit Court of Cabell County, we are asked to consider whether the circuit court erred in granting summary judgment to an employer in a "deliberate intention" action brought pursuant to W.Va.Code, 23-4-2(c)(2)(ii) [1991]1. After careful examination of the record, the briefs of the parties, and all other matters of record, we find that genuine questions of material fact exist regarding...

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