Chris Brumley and Eric Silkwood obtained summary judgment for a surface mining company from the Circuit Court of Boone County, West Virginia. Plaintiff alleged that the company's failure to provide bucket ropes on its 777D rock trucks violated mining industry safety standards and caused the plaintiff's injuries. The Court agreed with the defendants and concluded that there is no industry safety standard requiring surface mining operators to provide bucket ropes on its rock trucks. Accordingly, the Court found that the employee could not prove a violation of a state or federal safety statute, rule, or regulation, or of a written, commonly accepted, and well-known safety standard within the surface mining industry, as required by West Virginia Code 23-4-2(c)(2)(ii).