Estate of Wright v. Tusky Coal, L.L.C., 2007 Ap 06 0033 (1-8-2009)

OPINION

{¶ 1} Plaintiff-Appellant, Cindy Wright, as Administratrix of the Estate of James Wright, appeals the judgment of the Tuscarawas County Court of Common Pleas to dismiss Appellant's complaint with prejudice pursuant to Civ. R. 12(B)(6).

STATEMENT OF THE FACTS AND THE CASE

{¶ 2} On June 10, 2005, James Wright was working in the scope and course of his employment mining coal for Appellee, Tusky Coal, LLC ("Tusky Coal"). That afternoon, James Wright was fatally injured due to an accident with a shuttle car operated by Appellee, Nathan Daniels ("Daniels").

{¶ 3} Appellant filed a complaint in…