In a Per Curiam opinion dated June 2, 2010, the Supreme Court of Appeals of West Virginia reversed and remanded the Circuit Court of Fayette County’s entry of summary judgment in favor of defendant R.M. Logging.  In doing so, the Supreme Court of Appeals believed that plaintiff presented sufficient evidence to create a question of fact regarding two contested elements of a deliberate intention action under the West Virginia Workers’ Compensation Act found at W. Va. Code § 23-4-2(d)(2)(ii).

On April 15, 2010, the Supreme Court of Appeals of West Virginia affirmed the decision of the Circuit Court of Logan County granting the appellee’s motion for summary judgment.   The Court denied the appellant’s deliberate intent claim under West Virginia Code §23-4-2(d)(2)(ii) regarding a job-related injury.   

By James Young.  Construction Executive, published by Associated Builders and Contractors.  Multiparty personal injury claims can involve considerable time and paperwork to sort out who is responsible for the plaintiff’s injuries. Construction company owners and managers can anticipate and prepare for such legal quagmires if they understand some common construction law principles and the nuances of indemnification agreements.