On March 27, 2007, David S. Givens and Phillip T. Glyptis obtained summary judgment on behalf of a construction company client from the United States District Court for the Northern District of West Virginia. The dismissal was obtained based upon recent amendments to the "deliberate intention" exception to the West Virginia Workers' Compensation Act. The Court agreed that the Plaintiff could not, under any view of the facts, establish all five elements of a deliberate intention claim pursuant to West Virginia Code § 23-4-2(d)(2). Specifically, the Court found that the employee Plaintiff could not show that the construction company employer had a subjective realization that the loading technique of a co-worker was a "specific unsafe working condition" that presented a "high degree of risk" and a "strong probability of serious injury or death." The Court also found that the employee could not show a violation of a state or federal safety statute, rule, or regulation or of a commonly accepted and well-known safety standard within the industry.