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BRAGG v. U.S.

No. 12-0850.

741 S.E.2d 90 (2013)

Delorice BRAGG, as Administratrix of the Estate of Don Israel Bragg and Freda Hatfield, as Administratrix of the Estate of Ellery Hatfield, Plaintiffs Below, Petitioners v. UNITED STATES of America, Defendant Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided February 5, 2013.

Attorney(s) appearing for the Case

Bruce E. Stanley , Reed Smith LLP, Pittsburgh, PA, for the Petitioners.

R. Booth Goodwin, II , United States Attorney, Fred B. Westfall, Jr. , Assistant United States Attorney, Charleston, WV, Benjamin S. Kingsley , U.S. Department of Justice, Washington, DC, for the Respondent.

DAVIS, Justice:

In this action presenting a certified question from the United States Court of Appeals for the Fourth Circuit, this Court is asked "whether a private party conducting inspections of a mine and mine operator for compliance with mine safety regulations is liable for the wrongful death of a miner resulting from the private party's negligent inspection?" After considering the parties' arguments and the relevant law, we answer this certified question affirmatively...

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