Yeater Ex Rel. Estate of Yeater v. Allied Chemical Co.
District Court, N.D. West Virginia
1Opinion of the Court
MEMORANDUM OPINION
STAMP, District Judge.
I. Background
Plaintiff Rosalie Lena Yeater, individually and as Executrix of the estate of Robert Yeater, filed this action in the Circuit Court of Marshall County on February 3, 1988, seeking compensatory and punitive damages from Defendants Allied Company and Olin Corporation. Plaintiff alleges that Robert Yeater died as a direct and proximate result of defendants’ actions exposing him to certain chemicals at defendants’ plant. Under West Virginia Code § 23-4-2(c)(2),
The immunity from suit provided under [the West Virginia Workers’ Compensation Act to…
2Cases cited13 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Mandolidis v. Elkins Industries, Inc.West Virginia Supreme Court · 1978
- Sayre's v. HarpoldWest Virginia Supreme Court · 1890
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3Cited by3 opinions
- Tolley v. ACF Industries, Inc.West Virginia Supreme Court · 2002
- Carroll v. Litton Systems, Inc.Court of Appeals for the Fourth Circuit · 1995
- Grant v. Monsanto Co.District Court, S.D. West Virginia · 1993