Hayes v. Roberts & Schaefer Co.

McHUGH, Justice:

This case is before this Court upon the certified questions from the Circuit Court of Boone County, West Virginia. The plaintiff is Russell W. Hayes, an employee of defendant, J & K Erection Company 1 (hereinafter “J & K”), an independent contractor, hired by defendant, Roberts & Schaefer (hereinafter “R & S”), a Delaware corporation.

I

A brief recitation of the pertinent facts is as follows:

January 11, 1989: The plaintiff was injured when he fell from a roof at a coal preparation plant while working on a construction job in Pike County, Kentucky. R & S was the general…