Meadows v. Massey Coal Servs. (Signed Opinion)
Annotate this CasePlaintiff was a dump truck driver employed by Independence Coal Company when he suffered a work-related injury. Plaintiff filed a deliberate intent action alleging that Independence created three unsafe work conditions that contributed to Plaintiff's injuries. The circuit court granted Independence's motion for summary judgment, concluding that Plaintiff did not prove proximate cause. The Supreme Court reversed, holding (1) the circuit court erred in not allowing Plaintiff to rely on three witnesses who worked for Independence to show that an issue of material fact existed; and (2) the circuit court had evidence tending to show that an unsafe working condition was a proximate cause of the incident. Therefore, Plaintiff demonstrated the existence of a genuine issue of fact. Remanded.
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