Michael D. Michael, Administrator v. Consolidation Coal Company

Jenkins, Justice:

The case sub judice concerns a tragic event in this State's coal mining history. On November 20, 1968, seventy-eight miners tragically lost their lives when methane gas exploded at the Consol No. 9 Mine in Farmington, West Virginia. It is within this context that the Petitioners, survivors of those miners, and the Respondent, the parent company of the owner and operator of the subject mine, come to this Court upon questions of law certified by the United States Court of Appeals for the Fourth Circuit.

By the court of appeals' August 15, 2018 certification order, we are asked…