Keesee v. General Refuse Service

Submitted: April 13, 2004 JUSTICE MCGRAW dissents. In the instant case, the appellant, Buddy Keesee, individually, and as the administrator of the estate of Douglas Boyd Saville, 1 instituted a suit against General Refuse Service, Inc. (""GRS"") asserting a deliberate intention action pursuant to W.Va. Code § 23-4- 2(c)(2) (1994) 2 , arising from the death of Mr. Saville on December 1, 1998. Mr. Keesee alleged an unsafe working condition existed at GRS because employees purportedly rode on the side step of the Pak-Rat 3 and that the side step was not intended to be a riding step. A jury trial commenced on October 29, 2002, and concluded on November 4, 2002, when the jury found that a specific unsafe working condition which presented a high degree of risk and strong probability of serious injury or death did not exist in the workplace of Mr. Saville. On December 10, 2002, the Circuit Court of Cabell County entered judgment in favor of GRS. Thereafter, on February 26, 2003, the circuit denied Mr. Keesee's subsequent motion for a new trial. Before this Court, Mr. Keesee appeals the adverse jury verdict and the circuit court's subsequent denial of his motion for a new trial. After reviewing the facts of the case, the issues presented, and the relevant statutory and case law, this Court affirms the decision of the circuit court.