King v. Island Creek Coal Co.

OPINION

JONES, Chief Judge.

In this wrongful death case based on the Virginia law of negligence, the deceased was killed in a workplace accident. While the accident occurred on the defendant coal company’s property, the deceased was not an employee of the defendant. The defendant has moved for summary judgment in its favor as to liability. I find that under the facts of the case the defendant breached no legal duty of care to the deceased and thus grant the motion.

I

The deceased, Charles Dan Cottingham, died on September 19,1999, near Oakwood in Buchanan County, Virginia, while working for his…