Blake v. John Skidmore Truck Stop, Inc.

The great white shark named “Mandoli-dis” is alive and well and on the prowl again in the sea of commerce in West Virginia. Just when you thought it was safe to go back in the water! Such is the result of the majority opinions in Costilow v. Elkay Mining, 200 W.Va. 131, 488 S.E.2d 406 (1997) and Blake v. Skidmore, 201 W.Va. 126, 493 S.E.2d 887 (July 16,1997).

In Costilow I dissent because I believe a reasonable jury could not come close to inferring from the evidence presented below that Elkay had a subjective realization of any unsafe working condition, or that Elkay made a deliberate and…