Murphy v. Eastern American Energy Corp.

WORKMAN, Justice.

This case is before the Court upon the appeal of an Order Granting Motion for Summary Judgment entered by the Circuit Court of Logan County, Judge Erie H. O’Briant presiding, on March 21, 2007. The circuit court determined that while the Appellant, Evelyn “Peach” Murphy, had standing to maintain the deliberate intent action pursuant to West Virginia Code § 23 — 4—2(c)(2005), she could do so only on behalf of the persons who have a cause of action under the statute, which, according to the circuit court, would be widows and widowers, children, and dependents. In reaching this…