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RYAN v. CLONCH INDUSTRIES, INC.

No. 33001.

639 S.E.2d 756 (2006)

Joseph E. RYAN, Plaintiff Below, Appellant, v. CLONCH INDUSTRIES, INC., A West Virginia Corporation; and H & D Lumber Distributor, Inc., A West Virginia Corporation, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided: October 27, 2006.

Dissenting Opinion of Justice Benjamin December 15, 2006.

Attorney(s) appearing for the Case

Marvin W. Masters, Andrew K. Chafin, The Masters Law Firm, L.C., Charleston, for the Appellant.

Robert A. Lockhart, Schuda & Associates, P.L.L.C., Charleston, for the Appellee.

DAVIS, Chief Justice.

Joseph E. Ryan, plaintiff below/appellant (hereinafter referred to as "Mr. Ryan"), appeals summary judgment granted in favor of his employer, Clonch Industries, Inc. and H & D Lumber Distributors, Inc., defendants below/appellees (hereinafter collectively referred to as "Clonch"),1 in a deliberate intent action brought under W. Va.Code § 23-4-2(c)(2)(ii) (1994) (Repl.Vol.1998).2

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