Harris v. Martinka Coal Co.

PER CURIAM: 1

This appeal from the Circuit Court of Marion County arises from a deliberate intention action filed against an employer pursuant to W.Va.Code, 23-4-2 [1994]. A jury returned a verdict for the plaintiffs, Jerry and Nora Harris, and awarded $1,729 million for injuries Mr. Harris suffered in an underground mine accident while working for his employer, defendant Martinka Coal Company (“Martinka”). After hearing post-trial motions, the circuit court set the verdict aside as being “clearly influenced by passion, partiality and prejudice” and granted the defendant a new trial.

The…