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KEESEE v. GENERAL REFUSE SERVICE, INC.

No. 31615.

604 S.E.2d 449 (2004)

216 W.Va. 199

Buddy KEESEE, Individually, and as the Administrator of the Estate of Douglas Saville, Plaintiff Below, Appellant v. GENERAL REFUSE SERVICE, INC., Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided June 29, 2004.

Attorney(s) appearing for the Case

Joshua I. Barrett, Rudolph L. DiTrapano, DiTrapano, Barrett & DiPiero, Charleston, Timothy P. Rosinsky, Huntington, for Appellant.

R. Carter Elkins, Dustin C. Haley, Campbell, Woods, Bagley, Emerson, McNeer & Herndon, Huntington, Mennis E. Ketchum, II, Greene, Ketchum, Bailey & Tweel, Huntington, for Appellee.

PER CURIAM:

In the instant case, the appellant, Buddy Keesee, individually, and as the administrator of the estate of Douglas Boyd Saville,1 instituted a suit against General Refuse Service, Inc. ("GRS") asserting a deliberate intention action pursuant to W.Va.Code § 23-4-2(c)(2) (1994)2, arising from the death of Mr. Saville on December 1, 1998. Mr. Keesee alleged an unsafe working condition existed at...

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