Supreme Court of Appeals of West Virginia

Motion Docket

Tuesday, October 24, 2006 
 

1.  Sandra Sue Fullen, et al. v. Philips Electronics North America Corp. & Helen Andrysiak, et al. v. Philips Electronics North America Corp. - 060555 - Petitioners seek review of certified questions related to workers' compensation immunity and claims for workers injury and fraud, medical monitoring, fear of future disease and punitive damages.
QUESTION ONE: Does the West Virginia Workers' Compensation law, which provides that an employer "is not liable to respond in damages at common law or by statute for the injury or death of any employee, however occurring" (W.Va. Code section 23-2-6), bar an employee's common law claims against his or her employer seeking (a) medical monitoring damages for negligently exposing the employee to a toxic substance in the workplace, (b) "fear-of-future-disease" damages for negligent infliction of emotional distress in connection with such exposure, (c) compensatory damages for physical and emotional injuries for fraudulently misleading employees into believing the workplace was safe, and (d) punitive damages claimed to be available in connection with the above-described common law claims: ANSWER: No. This court has concluded the W. Va. Code section 23-2-6 does not bar such common law claims by the employee.
QUESTION TWO: May an employee assert the common law tort claims described in question 1 against his or her employer arising form occupational exposures at his or her place of work, while asserting statutory deliberate intent claims against the same employer for existing physical injury caused by exposures at the same workplace: ANSWER: Yes. This Court has concluded that such claims may be asserted in the same lawsuit.- Continued to November 14.

2.  Robert E. Magnuson v. PSC of W. Va. & Snowshoe Water and Sewer, Inc. - 061961 - Petitioner appeals an order allowing consolidation and increase of water and sewer rates. - Refuse 5- 0.

3.  Barbara J. Born, et al. v. PSC of W. Va. - 062056 - Citizens appeal orders relating to a siting certificate and authorization to operate an electric transmission line. - Refuse 4 - 1, Starcher.

4.  Paula Rae Moore O’Brien, Mae O Moore Wickham, Ruth Moore and Patsy R. Laird v. Donald E. Anderson - 061435 - Defendant appeals from the circuit court's order entered following a jury verdict, which set aside a Will and awarded monetary damages to plaintiffs. -Refuse 3 - 2, Starcher & Benjamin.

5.  Eric Jason Brooks v. Galen of West Virginia, Inc., dba Greenbrier Valley Medical Center, & Greenbrier Valley Medical Center, LLC, etc. - 061878 - Petitioner appeals from a jury verdict in favor of the defendant-hospital on August 29, 2005. After trial, petitioner timely filed a Motion to Set Aside the Jury Verdict and Award the plaintiff a New Trial. The circuit court denied the motions on January 30, 2006. - Grant 4 - 1, Benjamin.

6.  The W. Va. University Board of Governors, the Staff Council of W. Va. University, et al.  v, W. Va. Higher Education Policy Commission - 061719 - The WVU Board of Governors et al. appeal the circuit court's summary judgment order in a declaratory judgment action. The court held that the W.Va. Higher Education Policy Commission has the authority to require all higher education classified employees to be paid at or above the "zero step" for their paygrade on the salary schedule set forth in W.Va. Code § 18B-9-3. - Grant  5- 0.

7.  State of W. Va. v. William L. Bradford - 061862 - William L. Bradford appeals his conviction for first degree murder (under a felony murder theory), without a recommendation of mercy. -Refuse 3 - 2, Starcher & Albright.

8.  Gary E. Collins and Sally Ann Collins v. Ashok R. Kumar - 061355 - Plaintiffs in a personal injury case appeal from the jury verdict which found plaintiff 50% liable, and from the denial of their motion for new trial. - Refuse 3 - 2, Starcher & Albright.