Kane v. Corning Glass Works

*78MILLER, Justice:

This case involves an industrial accident where Corning Glass Works contends that there was insufficient proof to show a deliberate intent to injure Nelson Kane, one of its employees, under W.Va.Code, 23-4-2, of our Workers’ Compensation Act.1 Consequently, Corning maintains that the Circuit Court of Berkeley County erred in refusing its motion for a directed verdict.

Mr. Kane was awarded $40,000 by a jury for injuries received while operating a forklift in the course of his employment. His injuries occurred when the safety shield or canopy over the driver’s seat detached,…