NAT. FRUIT PRODUCT v. Baltimore & OR Co.

MILLER, Justice:

The issue presented is whether an employer has a cause of action against a third party to recover benefits paid pursuant to the West Virginia Workers’ Compensation Act to one of its employees who was injured on the job by the negligence of the third party. The Circuit Court of Berkeley County held that such an action cannot be maintained. It granted the motion for summary judgment filed by the defendants, the Baltimore & Ohio Railroad Company and the Consolidated Rail Corporation. The employer, National Fruit Product Company (National Fruit), contends that the circuit court…