Nutter v. Owens-Illinois, Inc.

STARCHER, Justice:

In this appeal from the Circuit Court of Cabell County, we are asked to consider whether the circuit court erred in granting summary judgment to an employer in a “deliberate intention” action brought pursuant to W.Va.Code, 23-4-2(c)(2)(ii) [1991] 1 After careful examination of the record, the briefs of the parties, and all other matters of record, we find that genuine questions of material fact exist regarding whether the plaintiff-employee’s damages are a result of the defendant-employer’s violation of the aforementioned statute. As set forth below, we reverse the circuit…