Tolliver v. Kroger Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• establishing intent to cause harmful or offensive contact as an element of common law battery
• employer immunity may be overcome through showing of deliberate intention or unsafe working conditions which caused the harm
• “ “Where the unresolved issues are primarily legal rather than factual, summary judgment is particularly appropriate.’ ” (quoting Payne v. Weston, 195 W.Va. 502, 506, 466 S.E.2d 161, 165 (1995))
• review of a circuit court’s decision to grant partial summary judgment is plenary
• “A motion for summary judgment should be granted only when it is clear that [sic] no genuine issue of fact to be tried and inquiry concerning the facts is not desirable to clarify the application of the law.” (internal quotations and citations omitted)

Source: CourtListener parenthetical corpus (CC0).