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MEADOWS v. MASSEY COAL SERVICES, INC.

No. 11-0631.

736 S.E.2d 1 (2012)

Robert L. MEADOWS, II, and Rhonda K. Meadows, his wife, Plaintiffs Below, Petitioners v. MASSEY COAL SERVICES, INC., and Independence Coal Company, Inc., Defendants Below, Respondents.

Supreme Court of Appeals of West Virginia.

Decided September 24, 2012.

Attorney(s) appearing for the Case

Charles M. Love, IV, Esq. , Marvin W. Masters, Esq. , The Masters Law Firm, LC, Charleston, WV, for the Petitioners.

Ancil G. Ramey, Esq. , Hanna B. Curry, Esq. , Jonathan R. Ellis, Esq. , Steptoe & Johnson, PLLC, Charleston, WV, Jeffrey K. Phillips, Esq. , Steptoe & Johnson, PLLC, Lexington, KY, for Respondents.

PER CURIAM:

The Petitioner, Robert L. Meadows ("Plaintiff"), appeals the March 21, 2011, order of the circuit court granting summary judgment to the Respondent, Independence Coal Company ("Independence").1 For the reasons set forth in this Opinion, the order of the circuit court is reversed.

I. Background

In the pre-dawn hours of July 18, 2007, Plaintiff, a dump truck driver employed by Independence, was dumping rock...

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