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HOLIK v. CONSOLIDATION COAL CO.

No. 31225.

590 S.E.2d 651 (2003)

214 W.Va. 458

Edward A. HOLIK, Jr., Administrator of the Estate of Edward Holik, and D. Paulette Byers, Administratrix of the Estate of Robert Moon, deceased, Plaintiffs Below, Appellants, v. CONSOLIDATION COAL COMPANY, Charles Bane, Earl Kennedy, Felecia Locke and Jeffrey Locke d/b/a/ Iron & Steel Processing, Jeffrey Urioste and Michael Urioste, Defendants Below, Appellees. and Robert Dean Hardman, Plaintiff Below, Appellee, v. Consolidation Coal Company, Charles Bane, Earl Kennedy, Felecia Locke and Jeffrey Locke d/b/a/ Iron & Steel Processing, Jeffrey Urioste and Michael Urioste, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided November 21, 2003.

Attorney(s) appearing for the Case

Susan Van Zant, Esq., Williamson, West Virginia, Attorney for Appellants.

Roy C. Dripps, Esq., Lakin Law Firm, Wood River, Illinois, Pro hac vice for Appellants.

Ancil G. Ramey, Esq., Steven P. McGowan, Esq., Hannah B. Curry, Esq., Steptoe & Johnson, Charleston, West Virginia, Robert M. Vukas, Esq., Pittsburgh, Pennsylvania, Attorneys, for Consolidation Coal Company, Appellee.

Justice McGRAW dissents.

PER CURIAM:

In this case we affirm a jury verdict finding that a coal company was not liable for injuries to persons demolishing a coal tipple on the company's property.

I.

In the instant case the appellants are Edward Holik, Jr., administrator of the estate of Edward Holik, deceased; and D. Paulette Byers, administratrix of the estate of Robert Moon, deceased.

In 1995, the appellee Consolidation Coal Company ("Consol") contracted with Felicia...

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