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MARSHALL v. SISTERS OF PALLOTINE MISSIONARY SOC.

No. 82-1250.

703 F.2d 92 (1983)

Phyllis B. MARSHALL, Appellee, v. SISTERS OF the PALLOTINE MISSIONARY SOCIETY d/b/a St. Mary's Hospital, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 30, 1983.

Attorney(s) appearing for the Case

Norman K. Fenstermaker, Huntington, W.Va. (Jenkins, Fenstermaker, Krieger, Kayes & Farrell, Huntington, W.Va., on brief), for appellant.

James Allan Colburn, Huntington, W.Va. (Baer & Colburn, L.C., Huntington, W.Va., on brief), for appellee.

Before RUSSELL and WIDENER, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

HAYNSWORTH, Senior Circuit Judge:

This is an action by an employee against her employer for damages resulting from injuries she suffered while at work. Because West Virginia's workmen's compensation statute generally shields an employer from common law tort actions for personal injuries suffered by an employee during the course of his employment, a plaintiff may bring suit only if his case falls within an exception to the statute. Plaintiff contends here, as she did...

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