Delorice Bragg v. United States

DAVIS, Justice:

In this action pi’esenting a certified question from the United States Court of Appeals for the Fourth Circuit, this Court is asked “whether a private party conducting inspections of a mine and mine operator for compliance with mine safety regulations is liable for the wrongful death of a miner resulting from the private party’s negligent inspection?” After considering the parties’ arguments and the relevant law, we answer this certified question affirmatively.

I

FACTUAL AND PROCEDURAL HISTORY

The event giving rise to the lawsuit underlying this certified question action occurred…