William J. Hanna and Keith R. Hoover Obtain Summary Judgment in Deliberate Intent Case

Published: January 30, 2012 9:00 AM

On January 27, 2010, William J. Hanna and Keith R. Hoover prevailed on summary judgment in a deliberate intent action pending in the United States District Court for the Southern District of West Virginia.  The case resulted from an underground coal mining accident where the plaintiff was injured when the roof bolting machine he was operating malfunctioned.  The plaintiff attempted to fix the defect himself without notifying his supervisor or shift maintenance workers and was subsequently struck by a piece of falling draw rock.  In his Order, United States District Judge John T. Copenhaver pointed to, among other things, the plaintiff’s failure to follow mine policy regarding defective equipment and plaintiff’s own conduct which caused the malfunction, and held that the deliberate intent action could not be maintained against the coal operator.  Trial in the case was set to begin on January 31, 2010.

 

Hanna

Hoover

 
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