Jason S. Smith v. Apex Pipeline Services

This case is before this Court upon the appeal of a final order of the Circuit Court of Kanawha County, West Virginia, entered on October 18, 2011, granting summary judgment in favor of Respondent Apex Pipeline Services, Inc. (“Apex”), in a “deliberate intention” action filed pursuant to West Virginia Code § 23 — 4—2(d)(2)(H) (2010), and which also alleged workers’ compensation discrimination. On appeal, Petitioner Jason S. Smith contends that the circuit court erred in granting summary judgment on both claims because genuine issues of material fact exist as to whether Apex acted with…