Harbolt v. STEEL OF WEST VIRGINIA, INC.

MEMORANDUM OPINION AND ORDER

ROBERT C. CHAMBERS, District Judge.

Pending before the Court are Defendant Steel of West Virginia, Inc.’s Motion for Summary Judgment (doc. 41) and Motion to Strike (doc. 72). For the following reasons, the Court GRANTS the Motion for Summary Judgment and DENIES as moot the Motion to Strike.

I. FACTS

Defendant hired Plaintiff to work as a laborer in 2002. Plaintiff was also a member of the Local 37 Steelworkers union. On October 27, 2005, Plaintiff was operating the saw on the universal mill, or U-mill, through which steel bars pass for final cleaning and…