Mandolidis v. Elkins Industries, Inc.

McGraw, Justice:

For purposes of decision, the Court has consolidated three cases here on writs of error. Each case involves a tort action brought by employees or their heirs against employers subject to this state’s Workmen’s Compensation Act.

Each action arises from injuries or deaths suffered by employees during the course of and as a result of their employment. Notwithstanding the immunity from corn-*698mon law suit granted to employers by W.Va. Code § 23-2-6,1 plaintiffs commenced their actions relying on the deliberate intent exception to such immunity contained in W.Va. Code § 23-4-2.2

I

The…