Mooney v. Eastern Associated Coal Corp.

I

My dissent in this case goes to the issue of liability. In particular, I believe as a matter of law, that the plaintiffs failed to show intentional or wilful and wanton misconduct on the part of the employer. This is the standard that must be met under W.Va.Code, 23-4-2, in order for an injured employee or his dependents to recover when the employee’s accident is otherwise covered under our Workers’ Compensation Act. Syllabus, Kane v. Corning Glass Works, W.Va., 331 S.E.2d 807 (1984) citing Syllabus, Cline v. Joy Mfg. Co., 172 W.Va. 769, 310 S.E.2d 835 (1983); Mandolidis v. Elkins…