Russell v. Bush & Burchett, Inc.

STARCHER, Justice.

In the instant case, we reinstate a “deliberate intention” personal injury claim that was made by an employee of a bridge construction company against his employer. The employee was injured while working on the “Kentucky end” of a West Virginia Division of Highways bridge construction project on the Tug Fork River; the circuit court dismissed the claim. We also reverse the circuit court’s decision to dismiss the Division of Highways as a defendant in the same case. 1

I

Facts & Background

The appellants are Fred Russell and Rebecca Russell, husband and wife. In November of 1996,…