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Case 1:20-bk-12043 Doc 621 Filed 02/24/21 Entered 02/24/21 14:52:42 Desc Main <br /> Document Page 9 of 40 <br /> 4• At all times relevant herein. Defendant was and/or is engaged in the business <br /> Of surface and underground coal mining. <br /> 5. At all times relevant herein, Plaintiff Kenneth Cole was employed by the <br /> Defendant as a Loader Operator,with duties and responsibilities that required him to operate <br /> a front end loader. <br /> 6. On or about February 20, 2018, while in the course and scope of his <br /> employment as a Loader Operator, Plaintiff Kenneth Cole was operating a front end loader <br /> t <br /> in which the air conditioner was no functioning Properly causing the cab of the loader in <br /> which Kenneth Cole was located to become extremely hot causing Kenneth Cole io suffer <br /> nui,i7erous physical and mental injuries, mental anguish and severe pain and suffering, <br /> b <br /> including but not limited to a heat stroke. <br /> 7. The Defendant had a duty to ensure that its employees were provided a safe <br /> work environment and also providing equipment in proper working order to be used to <br /> minimize the risk of serious injury or death to individuals during the course of their <br /> employment, including Kenneth Cole, <br /> COUNT I - DELIBERATE INTENT <br /> 8. Plaintiff incorporates and realleges all of the allegations contained m <br /> Paragraphs I through 7 herein. <br /> 9. The conduct of the Defendant, as previously described in this Comp Taint. <br /> constitutues acts of deliberate intention to produce the injuries hereinafter described within <br /> the scope and meaning of West Virginia Code §23.-4-2(d)(2)(B). <br />