McGilton v. U.S. Xpress Enterprises, Inc.

This is an appeal by Brian Chad McGilton and Regina McGilton, Ms wife, from an order of the Circuit Court of Marshall County dis-missmg their deliberate rntent action under West Virgmia’s workers’ compensation law. The court held that the workers’ compensation law of either Tennessee or Texas, rather than that of West Virgmia, governed their action and that the West Virgmia law which formed the basis of their complamt does not apply under the particular facts presented. The court also held that the Circuit Court of Marshall County was not the proper venue for the brmgmg of their action. On…