Ryan v. Clonch Industries, Inc.

DAVIS, Chief Justice.

Joseph E. Ryan, plaintiff below/appellant (hereinafter referred to as “Mr. Ryan”), appeals summary judgment granted in favor of his employer, Clonch Industries, Ine. and H & D Lumber Distributors, Inc., defendants below/appellees (hereinafter collectively referred to as “Clonch”),1 in a deliberate intent action brought under W. Va.Code § 23 — 4—2(c)(2)(ii) (1994) (Repl.Vol.1998).2 In granting summary judgment, the circuit court of Nicholas County concluded that Mr. Ryan had failed to establish a genuine issue of material fact as to (1) whether Clonch had a subjective…