Tolley v. ACF Industries, Inc.

Appellants, James and Nancy Tolley, appeal from the July 27, 2001, order of the Circuit Court of Kanawha County granting summary judgment to Appellee ACF Industries, Inc. (“ACF”) in connection with their “deliberate intention” statutory cause of action.1 In the underlying cause of action, Appellants alleged that, as a result of his employment in the paint department of ACF, Mr. Tolley sustained certain breathing ailments, including aggravation of preexisting asthma and hypersensitivity pneumonitis. Appellants seek a reversal of the lower court’s ruling, arguing that they demonstrated genuine…