In Kerns v. Slider Augering & Welding, Inc., 202 W. Va. 548, 505 S.E.2d 611 (1997) (per curiam), the plaintiff was injured in a mining accident, and sought recovery in a deliberate intention action from both his employer and the firm for which it was performing mining operations, claiming that both were involved in a joint venture. In rejecting this argument, the Court in Kerns emphasized the fact that the plaintiff's employer was being paid a per-ton price for the coal extracted, and therefore there was no joint venture because there was no evidence that the two firms had "agreed to share profits and losses." Id. at 556, 505 S.E.2d at 619.