Cline v. Joy Mfg. Co.

MILLER, Justice:

This case is on cross-appeals from the Circuit Court of Mingo County which granted the defendant’s motion for a new trial on damages, but denied its motion to set aside the jury verdict as to liability. The cause of action arises under the deliberate intent exception in the Worker’s Compensation Act, W.Va.Code, 23-4-2, which we discussed at some length in Mandolidis v. Elkins Industries, Inc., 161 W.Va. 695, 246 S.E.2d 907 (1978). The plaintiffs, Tim and Bonnie Cline, were awarded damages of four million dollars by the jury. The defendant, Jumacris Mining Company, contends…