TOTH v. BOARD OF PARKS AND RECREATION

No. 31340.

593 S.E.2d 576 (2003)

215 W.Va. 51

Geraldine TOTH, Plaintiff Below, Appellant, v. BOARD OF PARKS AND RECREATION COMMISSIONERS, AKA BOPARC, and the City of Morgantown, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided December 10, 2003.

Dissenting Opinion of Justice McGraw December 11, 2003.


Attorney(s) appearing for the Case

Robert M. Bastress, Morgantown, West Virginia, Attorney for the Appellant.

Jeffery D. Taylor, Jeffery W. Lilly, Rose Padden & Petty, L.C., Fairmont, West Virginia, Attorneys for the Appellees.


DAVIS, Justice:

In this appeal from an order granting partial summary judgment, Ms. Geraldine Toth asks this Court to recognize a cause of action against a potential employer for failure to hire allegedly based upon the applicant's history of suing a former employer for wrongful discharge. After clarifying that partial summary judgment orders, like summary judgment orders, must contain adequate findings and conclusions to permit meaningful review, we conclude that...

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