McGraw, Justice, dissenting:
Although the respondent maintains otherwise, it appears the only reason for
admitting the statements would be to show the invalidity of the claim made by the
petitioner. I fear that allowing the disclosure of such evidence will impair settlement
proceedings in future employment cases. Because I fear that this decision may discourage
settlements and thereby further crowd court dockets, I respectfully dissent.
The petitioner in this case argues that our rules of evidence prohibit the
admission of the statements in question. As the applicable rule states, in part:
Evidence of (1) furnishing or offering or promising to furnish,
or (2) accepting or offering or promising to accept a valuable
consideration in compromising or attempting to compromise a
claim which was disputed as to either validity or amount is not
admissible to prove liability for or invalidity of the claim or its
amount. Evidence of conduct or statements made in
compromise negotiations is likewise not admissible.
W. Va. R. Evid. 408.