Master Mechanical Insulation v. Richard Simmons

(Filed Nov. 21, 2013)

In the ease sub judice, the Court was asked to answer certified questions from the Circuit Court of Cabell County regarding the evidence that the employer in this deliberate intention action may introduce in defense of its alleged wrongdoing. Despite this Court’s established jurisprudence, the majority nevertheless has ignored our prior holdings, concluding, instead, that the defendant employer may assert, as a defense to its alleged misconduct, that its employee caused the specific unsafe working condition that resulted in his workplace injuries. The majority also has…