Miller v. City Hospital, Inc.

Patti Miller appeals a summary judgment order of the Circuit Court of Berkeley County dismissing her complaint against City Hospital, Inc., her former employer. The circuit court found that Ms. Miller’s alleged injuries were covered under the West Virginia Workers’ Compensation Act, W.Va.Code 23-1-1 (1995) et seq., and that Ms. Miller failed to state a claim under the “deliberate intention” second exception of W.Va.Code 23-4-2(c)(2) (1994). On appeal, Ms. Miller contends that summary judgment is inappropriate because of the existence of disputed material facts that, if believed by a trier of…