State ex rel. Gallagher Bassett Services v. Honorable Carrie Webster (Signed Opinion)Annotate this Case
The Supreme Court reversed the order of the circuit court denying Defendant's motion to dismiss and remanded this case to the circuit court for the entry of an order dismissing Plaintiff's claims against Defendant, holding that the circuit court exceeded its jurisdiction by failing to dismiss Plaintiff's claims against Defendant.
Plaintiff was injured while working for Old Dominion Freight Line, Inc. and was subsequently terminated. Defendant, Old Dominion's third-party claims administrator, denied Plaintiff's claim for workers' compensation benefits on behalf of Old Dominion. Plaintiff sued Defendant. Defendant moved to dismiss Plaintiff's claims, but the circuit court judge denied the motion. The Supreme Court granted Defendant's motion for a writ of prohibition, holding that the circuit court exceeded its legitimate powers when it refused to dismiss Plaintiff's claims against Defendant.