W.Va. Court Finds 'Sufficient Facts' to Support Allegations of Deliberate Intent

MOUNDSVILLE, W.Va. -- A West Virginia trial court has denied a motion for summary judgment, ruling that there are genuine issues of material fact as to whether the West Virginia State Police harmed the plaintiff with deliberate intent. Casdorph, et al. v. West Virginia State Police, No. 03-C-109M (W.Va. Cir. Ct., Marshall Cty.).

In the July 1 ruling, the West Virginia Circuit Court for Marshall County found that, from the evidence presented, a reasonable jury could find for the plaintiff.

"The Court finds that a jury could reasonably conclude that a specific unsafe working condition existed at the W.Va. …