Cecil v. D AND M INC.

This case is before this Court upon appeal of a final order of the Circuit Court of McDowell County entered on August 22, 1997. The appellee and plaintiff below, Eric Calvin Cecil, an employee of the appellant and defendant below, Consolidation Coal Company (hereinafter “Consolidation”), was injured when two rail vehicles collided in Consolidation’s Amónate Mine. Mr. Cecil and his wife filed a complaint asserting a “deliberation intention” claim pursuant to W.Va.Code § 23-4-2(c)(2)(ii) (1991) 1 against Consolidation and products liability claims against J.H. Fletcher & Co. (hereinafter…