Ellis W. Smith v. Acf Industries, Incorporated, a Corporation

HAYNSWORTH, Senior Circuit Judge:

As most workmen’s compensation acts, West Virginia’s shields an employer from common law tort actions for personal injuries sustained by an employee during the course of his employment. There is an exception, however, if the injury is inflicted with deliberate intention.

In Mandolidis v. Elkins Industries, Inc., 246 S.E.2d 907 (W.Va.1978), the statutory exception was construed to include “willful, wanton or reckless misconduct” causing injury or death.

This is an action in the diversity jurisdiction by an employee against his employer for damages on account of…