Keesee v. General Refuse Service, Inc.

In the instant case, the appellant, Buddy Keesee, individually, and as the administrator of the estate of Douglas Boyd Saville, 1 instituted a suit against General Refuse Service, Inc. (“GRS”) asserting a deliberate intention action pursuant to W.Va.Code § 23-4-2(e)(2) (1994) 2 , arising from the death of Mr. Saville on December 1, 1998. Mr. Kee-see alleged an unsafe working condition existed at GRS because employees purportedly rode on the side step of the Pak-Rat 3 and that the side step was not intended to be a riding step. A jury trial commenced on October 29, 2002, and concluded on…