Eisnaugle v. Booth

Berry, Chief Justice:

In this case, the appellants, William James Eisnaugle and Gay Eisnaugle, his wife, the plaintiffs in a personal injury action, appeal the judgment of the Circuit Court *780of Hancock County which affirmed the judgment of the Common Pleas Court of Hancock County. The question presented here is whether the action is barred by the provisions of W. Va. Code, 23-2-6a, as amended, which grants immunity from liability to a co-employee in the instance of an injury which is compensable under the State Workmen’s Compensation laws.

At the time of the events giving rise to the action…