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Split Supreme Court Says Employer Can Be Nonparty Defendant in Worker's Civil Suit

Friday, March 25, 2022 | 0

A divided West Virginia Supreme Court ruled that an employer entitled to statutory immunity from civil liability for a worker’s injuries could be named as a nonparty defendant in the worker’s civil suit against a third-party tortfeasor. Case: State of West Virginia ex rel. March-Westin Co. v. Gaujot, No. 21-0577, 03/21/2022, published. Facts: In January 2018, Monongalia County was renovating its courthouse plaza. March-Westin Co. Inc. was the general contractor for the project. David Raymond Weston worked for the Monongalia County Commission and suffered injuries while assisting...

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