Gallapoo v. Wal-Mart Stores, Inc.

RECHT, Justice:

In this certified case from the Circuit Court of Wood County, we are asked to address the right of an Indiana resident to bring a direct cause of action against his Indiana employer under West Virginia’s deliberate intention statute. W. Va. Code 23-4-2(c)(2)(ii) (1994). 1

The certified question and the trial court’s answer is as follows:

If an Indiana resident temporarily employed in West Virginia is injured in the course of and as a result of his temporary employment in West Virginia and thereafter has received workers’ compensation benefits under Indiana Workers’ Compensation…