Delp v. Itmann Coal Co.

This is an appeal from a final order of the Circuit Court of Wyoming County, entered March 26, 1984, which denied the motion of the appellant, James A. Delp, for a new trial. The cause of action arose under the deliberate intent provisions of the Workmen’s Compensation Act, W.Va. Code § 23-4-2 [1969],1 which we discussed at some length in Mandolidis v. Elkins Industries, Inc., 161 W.Va. 695, 246 S.E.2d 907 (1978). The appellant contends that the trial court erred in directing a verdict in favor of the appellee, Itmann Coal Company. A majority of this Court finds no error *254in the judgment of…