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Summary Judgment Decision Affirmed

The 4th Circuit Court of Appeals recently affirmed the U.S. District Court for the Southern District of West Virginia’s Summary Judgment Decision.

Plaintiffs filed a Deliberate Intent action in the Circuit Court of Logan County, West Virginia. The action stemmed from a workplace accident at a surface coal mine where an employee suffered injuries when the hoist jacks on his rock truck failed. The case was promptly removed to the U.S. District Court for the Southern District of West Virginia based on diversity. After thorough discovery, Defendant filed for summary judgment because plaintiff failed to present a specific standard that the alleged unsafe condition violated. The District Court agreed with Defendant and granted its Summary Judgment Motion, dismissing the case. Plaintiffs appealed this decision to the 4th Circuit Court of Appeals. The lower court decision was upheld in a succinct, single paragraph decision.

Defendant was represented by Flaherty Attorneys Will Hanna, Eric Frye, and Keith Hoover.

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