STATE EX REL. GALLAGHER BASSETT v. WEBSTER

No. 19-0043.

829 S.E.2d 290 (2019)

STATE of West Virginia EX REL. GALLAGHER BASSETT SERVICES, INC., Petitioner v. The Honorable Carrie WEBSTER, Judge of the Circuit Court of Kanawha County; Robin Lusk; and Old Dominion Freight Line, Inc., Respondents.

Supreme Court of Appeals of West Virginia.

Filed: June 12, 2019.


Attorney(s) appearing for the Case

Arie M. Spitz, Esq. , Kevin A. Nelson, Esq. , Dinsmore & Shohl LLP, Charleston, West Virginia, Counsel for the Petitioner.

James D. McQueen, Jr., Esq. , McQueen Davis, PLLC, Huntington, West Virginia, Christopher J. Heavens, Esq. , Heavens Law Firm, PLLC, Charleston, West Virginia, Counsel for the Respondent Robin Lusk.

Justin M. Harrison, Esq. , George E. Chamberlain IV, Esq. , Jackson Kelly PLLC, Charleston, West Virginia, Counsel for Respondent Old Dominion Freight Line, Inc.


This case is before the Court on a petition for writ of prohibition. Respondent Robin Lusk worked for Respondent Old Dominion Freight Line, Inc., ("Old Dominion") as a long-haul truck driver. Ms. Lusk was injured at Old Dominion's trucking terminal, and Old Dominion subsequently terminated her. Old Dominion's third...

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