Solvent Case Dismissed, Recent Case Law Extends Employer Immunity

CABELL, W.Va. -- A West Virginia court has granted a motion to dismiss, finding that the plaintiffs' former employer is immune from the asserted claims in light of two recent decisions issued by the state's high court. Plumley, et al. v. ACF Industries, et al., No. 02-C-0590 (W.Va. Cir. Ct., Cabell Cty.).

The Nov. 21 order from the West Virginia Circuit Court for Cabell County noted that the plaintiffs' claims for medical monitoring do not fall into any of the exceptions of the recently defined civil code.

Defendant ACF Industries asked the court to reconsider an earlier motion to …