Gina Young, Administratrix v. Apogee Coal Co.

WORKMAN, Justice:

This case is before the Court upon a certified question presented by the United States District Court for the Southern District of West Virginia regarding whether a “deliberate intent” cause of action pursuant to West Virginia Code § 23 — 4—2(d)(2)(h) (2005) may be brought against a non-employer “person,” such as a supervisor or co-employee. Upon careful review of the briefs, the appendix record, the arguments of the parties, and the applicable legal authority, we conclude that a non-employer “person,” who enjoys the immunity contained in West Virginia Code § 23-2-6a (1949),…