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June 2008
Chris Brumley, Shawn Gillispie and Eric Silkwood obtained summary judgment for a surface mining company in the Circuit Court of Logan County, West Virginia. The plaintiff, who fell nearly 85 feet off the edge of a highwall, sued his employer in a deliberate intent action claiming that he was not properly trained, was not provided a safety lanyard, and that the highwall upon which he was working was not properly inspected. Based upon the evidence presented, the Court agreed that the plaintiff was adequately trained, that a proper inspection of the highwall had occurred, and that the employer's ground control plan in place at the time of the accident required all employees to stay at least 4 feet from the edge of the highwall -- which negated the need for a safety lanyard. Further, the Court found that the plaintiff created the subject unsafe working condition himself and without his employer's knowledge, which defeats a deliberate intent action under West Virginia law.
Contact:
Christopher Brumley
chrisb@fsblaw.com
Shawn Gillispie
sgillispie@fsblaw.com
Eric Silwood
esilkwood@fsblaw.com
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