Nedley v. Consolidation Coal Co.

MEMORANDUM OPINION

KIDD, District Judge.

This diversity action, filed in October 1981, is before the Court upon the motion for summary judgment of the defendant (sometimes “Consol” or “Company”).

The action can be characterized as a "Mandolidis-type” 1 case in which the plaintiff says he was injured while he was in the defendant’s employ due to the “wilful, wanton and reckless misconduct of the defendant.” In Mandolidis, West Virginia's highest court held that misconduct which is deliberately intended is excepted from the immunity granted employers who subscribe to the Worker’s Compensation…