Flaherty  |  Sensabaugh  |  Bonasso   PLLC


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.

Disclaimer: Case summaries, reports of past results and individual lawyer biographies on this website describe past matters handled for clients of the Firm. These descriptions are meant only to provide information to the public about the activities and experience of our lawyers. They are not intended as a guarantee that the same or similar results can be obtained in every matter undertaken by our lawyers. You must not assume that a similar result can be obtained in a legal matter of interest to you. The outcome of a particular matter can depend on a variety of factors—including the specific factual and legal circumstances, the ability of opposing counsel, and, often, unexpected developments beyond the control of any client or lawyer.