Summary
The West Virginia Supreme Court of Appeals affirmed summary judgment for the City of Wellsburg in a former employee’s challenge to his termination. The court held that the petitioner failed to present more than a scintilla of evidence showing a genuine issue of material fact regarding whether his discharge was based on poor work performance or political motives. The court also rejected his arguments concerning a contractual or property interest in continued employment and the application of summary judgment standards.
Holdings
- Summary judgment for the City was proper because the City submitted a properly supported motion and Jack failed to produce more than a scintilla of evidence from which a reasonable jury could find in his favor; no genuine issues of material fact required trial.
- The circuit court properly applied the summary-judgment standard; its resolution of the case did not deprive Jack of his state constitutional right to a jury trial.
Questions Presented
- Whether genuine issues of material fact precluded summary judgment on Jack's claims arising from his termination.
- Whether the circuit court improperly applied the summary-judgment standard and thereby deprived Jack of his state constitutional right to a jury trial.
Disposition
affirmed
Cases Cited (8)
- Eaton v. City of Parkersburg, 198 W. Va. 615, 482 S.E.2d 232 (1996)(followed)
- Painter v. Peavy, 192 W. Va. 189, 451 S.E.2d 755 (1994)(followed)
- Arnold v. Palmer, 224 W. Va. 495, 686 S.E.2d 725 (2009)(followed)
- Williams v. Precision Coil, Inc., 194 W. Va. 52, 459 S.E.2d 329 (1995)(followed)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S. Ct. 2502, 2512, 91 L. Ed. 2d 202, 214 (1986)(followed)
- Adkins v. Miller, 187 W. Va. 774, 421 S.E.2d 682 (1992)(not adopted)
- Hanlon v. Chambers, 195 W. Va. 99, 464 S.E.2d 741 (1996)(not adopted)
- Dawson v. Allstate Insurance Co., 189 W. Va. 557, 433 S.E.2d 268 (1993)(not adopted)
Cited In (0)
No citing cases on record yet.
Court Document
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