Eaton v. City of Parkersburg
McHugh, Chief Justice, dissenting:
I disagree with the conclusion of the majority that summary judgment was
proper in this case. I am of the opinion that the questions of the existence of a contract, the
effectiveness of the disclaimer, and whether the City complied with the handbook's
procedures for termination of an employee are more appropriately jury questions. In Suter
v. Harsco Corp., 184 W. Va. 734, 738, 403 S.E.2d 751, 755 (1991), in a dissent joined by
Justice Miller, I articulated my concerns regarding these types of issues. Those concerns
remain with me.
I am authorized to state that Justice Cleckley joins me in this dissent.