Sias v. W-P Coal Co.

McHUGH, Justice:

This consolidated appeal by the plaintiffs from a judgment notwithstanding the verdict involves the “deliberate intention” statutory exception to employer immunity from work-related tort liability to employees under the West Virginia Workers’ Compensation Act, specifically, W.Va.Code, 23-4-2(c)(2)(h) [1983,1991]. 1 We believe the trial court, the Circuit Court of Logan County, West Virginia, improperly granted the defendant’s motion for judgment notwith standing the verdict on the issue of liability, for the reasons stated in this opinion. Therefore, we reverse the judgment on…