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MURPHY v. EASTERN AMERICAN ENERGY CORP.

No. 33811.

680 S.E.2d 110 (2009)

Evelyn L. "Peach" MURPHY, Administratrix of the Estate of and Andrew John Murphy, Plaintiff Below, Appellant, v. EASTERN AMERICAN ENERGY CORPORATION, a West Virginia corporation; Kenneth Greathouse, a West Virginia resident; Rodney Paxton, a West Virginia resident; Dorothy Lewis, a West Virginia resident; Dennis Lewis, a West Virginia resident; The Jack Company, a Pennsylvania corporation; S.W. Jack Drilling Company, a Pennsylvania corporation, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided June 23, 2009.

Attorney(s) appearing for the Case

Mark L. French, Esq., Matthew S. Criswell, Esq., Charleston, WV, and Dennis H. Curry, Esq., Spencer, WV, for Appellant.

Thomas V. Flaherty, Esq., Christopher A. Brumley, Esq., Nathaniel K. Tawney, Esq., Justin D. Jack, Esq., Flaherty, Sensabaugh & Bonasso, PLLC, Charleston, WV, for Appellee S.W. Jack Drilling Co.

WORKMAN, Justice.

This case is before the Court upon the appeal of an Order Granting Motion for Summary Judgment entered by the Circuit Court of Logan County, Judge Eric H. O'Briant presiding, on March 21, 2007. The circuit court determined that while the Appellant, Evelyn "Peach" Murphy, had standing to maintain the deliberate intent action pursuant to West Virginia Code § 23-4-2(c)(2005), she could do so only on...

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