Bieger v. Consolidation Coal Co.

MEMORANDUM OPINION

GLEN M. WILLIAMS, District Judge.

This case is before the court on defendant’s motion for summary judgment as to both the plaintiff and the third-party defendant. Jurisdiction is based on diversity of citizenship and arises out of a freak accident that occurred when plaintiff’s decedent, Horn, was employed by and working for the third-party defendant, Cowin and Company, Inc. (“Cowin”). At that time Cowin was constructing a ventilation shaft for defendant Consolidation Coal Company (“Consol”) in Buchanan County, Virginia. A 40-pound plumb bob accidentally fell the length of…