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BOYCE v. MONONGAHELA POWER CO.

No. 22-0292.

894 S.E.2d 913 (2023)

Eugene F. BOYCE and Kimberly D. Boyce, Petitioners, v. MONONGAHELA POWER COMPANY, Frontier Communications of America, Inc., Frontier Communications Online and Long Distance, Inc., Frontier Communications Corporate Services, Inc., Frontier Communications ILEC Holdings, LLC, Atlantic Broadband (Penn), LLC, & Atlantic Broadband Finance, LLC, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: November 8, 2023.

Attorney(s) appearing for the Case

William C. Brewer, Esq. , Ramsey K. Jorgensen, Esq. , William C. Brewer & Assoc. PLLC, Morgantown, West Virginia, Counsel for Petitioners.

Edward A. Smallwood, Esq. , Colby S. Bryson, Esq. , Post & Schell, P.C., Pittsburgh, Pennsylvania, Counsel for Respondent, Monongahela Power Company.

Charles C. Wise, III, Esq. , Bowles Rice, LLP, Morgantown, West Virginia, Counsel for Respondents, Frontier Communications of America, Inc., Frontier Communications Online and Long Distance, Inc., Frontier Communications Corporate Services, Inc., and Frontier Communications ILEC Holdings LLC.

Bradley K. Shafer, Esq. , Mintzer, Sarowitz, Zeris, Ledva & Meyers, LLP, Wheeling, West Virginia, Counsel for Respondents, Atlantic Broadband Finance, LLC and Atlantic Broadband (Penn), LLC.

Petitioner Eugene Boyce ("Petitioner") was attempting to make a residential delivery in the course of his employment for Lowe's when he encountered overhead communication lines that his truck could not clear. He attempted to move the communication lines by climbing on top of his delivery truck and wrapping shrink-wrap around the...

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