SOUTHERN ENVIRONMENTAL, INC. v. BELL

No. 18-1124, No. 18-1139, No. 18-1140.

854 S.E.2d 285 (2020)

SOUTHERN ENVIRONMENTAL, INC., Petitioner, v. Tucker-Stephen G. BELL et al., Respondents. and Tucker-Stephen G. Bell et al., Petitioners, v. Nicholson Construction Company, Respondent. and Nicholson Construction Company, Petitioner, v. Best Flow Line Equipment, L.P., Respondent.

Supreme Court of Appeals of West Virginia.

Filed: November 19, 2020.


Attorney(s) appearing for the Case

Bradley K. Shafer, Esq. , MINTZER SAROWTIZ ZERIS, LEDVA & MEYERS, Wheeling, WV, Counsel for Southern Environmental, Inc.

Carl A. Frankovitch, Esq. , FRANKOVITCH, ANETAKIS, SIMON, DECAPIO & PEARL, LLP, Weirton, WV, Counsel for Tucker-Stephen G. Bell, et al.

J. David Bolen, Esq. , DINSMORE AND SHOHL, LLP, Huntington, WV, Counsel for Best Flow Line Equipment, LP.

Bradley D. Bell, Esq. , KAY CASTO & CHANEY PLLC, Morgantown, WV, Counsel for Longview Power, LLC.

Nathaniel D. Griffith, Esq. , PULLIN, FOWLER, FLANAGAN, BROWN & POE, PLLC, Morgantown, WV Counsel for Casagrande USA, LP.

Rita Massie Biser, Esq. , MOORE & BISER PLLC, Charleston, WV, Counsel for Nicholson Construction Company.


This matter involves three consolidated appeals from the Circuit Court of Monongalia County's orders of November 27, 2018 and November 29, 2018, which all relate to the same underlying civil action involving a workplace incident on May 19, 2015. All of the orders at issue rule on motions to dismiss filed by several of the...

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