Costilow v. Elkay Mining Co.

This action is before this Court upon an appeal from the final order of the Circuit Court of Logan County, West Virginia, entered on December 6, 1995. The action concerns the work-related death of David Lee Jett and is based upon the statutory “deliberate intention” exception to the immunity of employers from civil liability provided by the West Virginia workers’ compensation system. W.Va.Code, 23-4-2(c)(2) [1991], The appellant, Sue Ellen Costilow, Administratrix of the Estate of David Lee Jett, contends that the circuit court committed reversible error in granting the motion of Jett’s…