Coleman Estate Ex Rel. Coleman v. R.M. Logging, Inc.

This action is before this Court upon the appeal of Clarence Coleman and Helen M. Adkins, co-administrators of the Estate of Clarence T. Coleman, from the September 20, 2006, order of the Circuit Court of Fay-ette County, West Virginia, granting summary judgment in favor of the appellees, R.M. Logging, Inc., and its foreman, John Robinson. The appellants’ son, Clarence T. Coleman, employed by R.M. Logging, Inc., as a timber cutter, suffered fatal injuries when he was struck by a falling tree. 1 In seeking recovery, the appellants relied upon the statutory “deliberate intention” exception to…