Sedgmer v. McElroy Coal Co.

I dissent because the majority opinion answered a question that was clearly a question of fact designated for trial by a jury. In so doing, the majority opinion has done nothing but make workplaces even more dangerous, and shields employers from responsibility for the employees who are crushed and killed by an employer’s gross carelessness.

The undisputed facts in this case are simple. On July 28, 1994 — deep inside a mine owned by the appellee, MeElroy Coal Company — appellant William Sedgmer was sitting in one of three lightweight railroad passenger cars (called a “man bus”) on the 3 North…