YOUNG v. APOGEE COAL CO., LLC

No. 12-0835.

753 S.E.2d 52 (2013)

Gina YOUNG, Administratrix of the Estate of Richard Young, Jr., Plaintiff Below, Petitioner v. APOGEE COAL COMPANY, LLC, Patriot Coal Corporation and James Ray Browning, Defendants Below, Respondents.

Supreme Court of Appeals of West Virginia.

Decided November 6, 2013.


Attorney(s) appearing for the Case

Timothy R. Conaway, Esq. , Benjamin M. Conaway, Esq. , Conaway & Conaway PLLC Madison, WV, for Petitioners.

Jeffrey M. Wakefield, Esq. , Joshua C. Dotson, Esq. , Flaherty Sensabaugh Bonasso PLLC, Charleston, WV, for Respondents.

Guy R. Bucci, Esq. , Mark A. Barney, Esq. , Bucci, Bailey & Javins, L.C., Charleston, WV, for Amicus Curiae West Virginia Association for Justice.

Thomas P. Maroney, Esq. , Maroney, Williams, Weaver & Pancake, PLLC, Charleston, WV, for Amicus Curiae Kenneth M. Perdue as President of The West Virginia Labor Federation, AFL-CIO.


WORKMAN, Justice.

This case is before the Court upon a certified question presented by the United States District Court for the Southern District of West Virginia regarding whether a "deliberate intent" cause of action pursuant to West Virginia Code § 23-4-2(d)(2)(ii) (2005) may be brought against a non-employer "person," such as a supervisor or co-employee. Upon careful review of the briefs, the appendix record, the arguments of the parties, and the applicable...

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