Norris v. ACF Industries, Inc.

MEMORANDUM OPINION AND ORDER

STAKER, District Judge.

This action has been brought by the plaintiff to recover for injuries allegedly caused by the defendant’s wilful, wanton, reckless, and malicious intent. Mandolidis v. Elkins Industries, Inc., 161 W.Va. 695, 246 S.E.2d 907 (1978). Plaintiff has moved to strike the defenses of contributory negligence, assumption of the risk, and injury by fellow servant asserted by the defendant in its answer. He contends that these defenses are inapplicable to a Mandolidis action as a matter of law. Defendant has conceded that the defense of…