Beard v. Beckley Coal Mining Co.

This case is before us pursuant to a petition for a writ of error to a final order entered by the Circuit Court of Raleigh County on July 21, 1988. In such order, the circuit court granted summary judgment in favor of the appellee, Beckley Coal Mining Company. The appellant, Robert B. Beard, asserts that the circuit court erred in granting the appellee’s motion for summary judgment. We agree, and therefore reverse the circuit court’s decision.

The appellant, an employee of Beckley Coal Mining Company, was involved in a mining accident in the appellee’s coal mine on October 25, 1983. The…