Sydenstricker v. Unipunch Products, Inc.

Miller, Chief Justice:

We have accepted this certified question from the United States District Court for the Southern District of West Virginia pursuant to the provisions of W. Va. Code, 51-1A-1, et seq. We consider in this question 2 whether a manufacturer, who has been sued by a plaintiff injured while using the manufacturer’s product, may bring a third-party action against the injured plaintiff’s employer. The manufacturer’s third-party complaint alleges the employer by his “deliberate intent” rendered the manufacturer’s product dangerous resulting in the plaintiff employee’s injuries. The…