Supreme Court Justice Dissents to Decision Overturning Worker's Award

West Virginia Supreme Court Justice Robin Jean Davis last week filed a dissent from the court’s prior opinion overturning a worker’s $1.1 million recovery from his employer on a deliberate intention claim. James Muto had worked for FirstEnergy Generation. On the morning of Jan. 22, 2013, a FirstEnergy maintenance crew went into the fly ash silo in the solid waste processing building of the Harrison Power Station to replace the rotary feeder. The entrance to the fly ash silo is located on the fifth floor of the six-story waste processing building. The rotary feeder...