Postlewait v. City of Wheeling

KETCHUM, Chief Justice:

In this appeal from the Circuit Court of Ohio County, we are asked to examine an order granting a defendant’s motion for a new trial. We affirm the circuit court’s order.

I

Facts and Background

Plaintiff Albert Postlewait, Jr., filed an age-discrimination lawsuit against the City of Wheeling (“the City”) under the West Virginia Human Rights Act.1 In 2005 — when the plaintiff was 55 years old — he applied for a job with the City as a mechanic. Although the plaintiff had the highest score on the City’s application examination, the City instead hired an 18-year-old applicant.…