Ransom v. Guardian Rehabilitation Services, Inc. (Signed Opinion)
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The Supreme Court reversed the order of the circuit court granting summary judgment in favor of Employer in this action brought by Employee for wrongful discharge under the West Virginia Business Liability Protection Act and wrongful discharge under Harless v. First National Bank in Fairmont, 246 S.E.2d 270 (W. Va. 1978), holding that questions of material fact remained precluding summary judgment.
In granting summary judgment for Employer the circuit court concluded that Employer did not violate the Act and that Employee's Harless claim lacked any basis. The Supreme Court reversed, holding that the circuit court erred in concluding that W. Va. Code 61-7-14(d)(1) and 61-7-14(d)(3) conflict with one another and that material issues of fact remained on this issue, requiring remand for further proceedings.
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