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COLEMAN ESTATE v. R.M. LOGGING, INC.

No. 35139.

700 S.E.2d 168 (2010)

Clarence T. COLEMAN ESTATE by Co-Administrators, Clarence COLEMAN and Helen M. Adkins, Plaintiffs Below, Appellants, v. R.M. LOGGING, INC., A West Virginia Corporation; Clonch Industries, Inc., A West Virginia Corporation; and John Robinson, Individually, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided June 2, 2010.

Dissenting Opinion of Justice Benjamin July 26, 2010.

Attorney(s) appearing for the Case

John R. Mitchell , John R. Mitchell, L.C., Charleston, WV, Joshua I. Barrett , Lonnie C. Simmons , Heather M. Langeland , DiTrapano, Barrett & DiPiero, PLLC, Charleston, WV, for Appellants.

Mary H. Sanders , Jessica L. Wiley , Huddleston Bolen LLP, Charleston, WV, for Appellee, R.M. Logging, Inc.

PER CURIAM:

This is an appeal by Clarence Coleman and Helen Adkins, plaintiffs below (hereinafter referred to as "the Plaintiffs"), from an order of the Circuit Court of Fayette County granting summary judgment in favor of the defendant below, R.M. Logging, Inc. (hereinafter referred to as "R.M. Logging"), in a workers' compensation deliberate intention action they filed after the work-related death of their son. In granting summary judgment in favor of the employer...

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