Until 2015, employers in West Virginia were not able to rely upon contributory negligence or comparative fault of the plaintiff as a defense in deliberate intent actions filed under W. Va. Code § 23-4-2. Roberts v. Consolidation Coal Co ., 208 W.Va. 218, 539 S.E.2d 478 (2000). In 2013, the Supreme Court of Appeals clarified that an employer in a...