On February 15, 2007 Chris Brumley and Nate Tawney where granted summary judgment by the Circuit Court of Logan County. The dismissal was obtained based upon a recent West Virginia Supreme Court decision holding that the only beneficiaries who may recover in a deliberate intent case are the widow/widower, child or dependent. Because the deceased employee had no spouse, children or dependents, the circuit court agreed that dismissal was appropriate. The court also agreed that the mother was estopped from claiming that she was a dependent based upon her failure to appeal a decision by Workers' Compensation that she was not entitled to dependent benefits.