Henderson v. Meredith Lumber Co., Inc.

NEELY, Justice:

James Timothy Henderson, his wife, Kathy and their children, Michelle and Amy appeal a summary judgment order holding that, as a matter of law, Lawson Hamilton, Jr. was not personally liable for Mr. Henderson’s injuries and dismissing him as a party defendant. On appeal, the Hendersons contend that the suit against Mr. Hamilton should not have been dismissed because Mr. Hamilton, as the owner of the land where Mr. Henderson’s industrial accident occurred, failed in his duty under W.Va.Code 21-3-1 [1937] to provide a safe workplace. Because the record shows that Mr. Hamilton’s…