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BLUESTONE INDUSTRIES, INC. v. KENEDA

No. 12-1337.

751 S.E.2d 25 (2013)

BLUESTONE INDUSTRIES, INC., a West Virginia Corporation, Bluestone Coal Corporation, a West Virginia Corporation, and Frontier Coal Corporation, a Delaware Corporation, Defendants Below, Petitioners v. Timothy KENEDA, Plaintiff Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided October 24, 2013.

Attorney(s) appearing for the Case

Jeffery M. Wakefield, Esq. , William J. Hanna, Esq. , Nathaniel K. Tawney, Esq. , Keith R. Hoover, Esq. , Flaherty Sensabugh Bonasso PLLC, Charleston, WV, for Petitioners.

Marvin W. Masters, Esq. , Christopher L. Brinkley, Esq. , The Masters Law Firm LC, Charleston, WV, for Respondent.

PER CURIAM:

Petitioners Bluestone Industries, Inc., Bluestone Coal Corporation, and Frontier Coal Company, who were the defendants below ("defendants"), seek reinstatement of a jury verdict rendered in their favor after a seven-day trial in this deliberate intent action. The jury found that the plaintiff/respondent, Timothy Keneda ("plaintiff"), failed to satisfy four of the five elements contained in W.Va. Code § 23-4-2(d)(2)(ii) [2005]. A plaintiff must...

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