David McComas v. ACF Industries, LLC

KETCHUM, Justice:

This deliberate intent action is before this Court upon the appeal of the plaintiff / petitioner David McComas (“McComas”) from the order of the Circuit Court of Cabell County granting summary judgment in favor of the defendant / respondent ACF Industries, LLC (“ACF”). McComas, a welder employed by ACF, sustained severe burns from an are blast emanating from a 480-volt electrical box. The blast occurred as McComas attempted to turn on the power at his work station for lighting and to operate an electric welding machine.

The controlling statute, in effect on the date of the…