West Virginia Supreme Court
James Mandolidis v. Elkins Industries, Inc. Carl Ray Snodgrass v. United States Steel Corp. Mary Kay Dishmon, Admx…
June 27, 1978161 W. Va. 695
Summary
The court held that the deliberate-intent exception to workers’ compensation immunity is not limited to an employer’s specific intent to injure or kill; it includes intentional torts and wilful, wanton, and reckless misconduct undertaken with knowledge and appreciation of a high degree of physical risk. The court reversed the dismissals and summary judgments in all three consolidated cases because the pleadings and evidentiary materials raised factual issues concerning the employers’ knowledge, conduct, and intent. The court also held that the motions in two cases were converted into summary-judgment motions and that the complaint in the third stated a legally sufficient claim. Neely, dissenting, agreed with the procedural result but argued that the exception should remain substantially narrower, while Miller, concurring, viewed the majority’s rule as consistent with prior law.
Holding
- Meaning of deliberate intent under the workers’ compensation immunity exception. An employer loses workers’ compensation immunity when its conduct constitutes an intentional tort or wilful, wanton, and reckless misconduct undertaken with knowledge and appreciation of the high degree of risk of physical harm created by the conduct. Specific intent to injure or kill is not required, and gross negligence alone is insufficient.
- Propriety of the trial-court rulings in Mandolidis, Snodgrass, and Dishmon. The circuit courts erred in granting summary judgment in Mandolidis and Snodgrass and in dismissing Dishmon under Rule 12(b)(6). The record in the first two cases contained genuine issues of material fact concerning deliberate intent, and the allegations in Dishmon, construed favorably to the plaintiff, stated a claim that could overcome immunity.
Docket No. 13926; No. 13982; No. 13983
Cited authorities
- W. Va. Code § 23-2-6
- W. Va. Code § 23-4-2.2
- W. Va. Code § 23-4-2
- W. Va. Code § 23-4-2
- 30 U.S.C. § 862
- W. Va. Code § 22-2
- W. Va. Code § 23-2-6
- W. Va. Code § 23-4-1
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