Lilly v. Overnight Transportation Co
In Lilly v. Overnight Transportation Co., 188 W. Va. 538, 425 S.E.2d 214 (1992), the Court addressed the issue of a dismissal based upon an employee's refusal to operate a motor vehicle with unsafe brakes and found that a substantial public policy created a cause of action for wrongful discharge.
The underlying statutory provisions enumerated "in specific detail the brake equipment required for all types of motor vehicles. . . ." Id. at 541, 425 S.E.2d at 217.
The Court concluded "that the legislature intended to establish a clear and unequivocal public policy that the public should be protected against the substantial danger created by the operation of a vehicle in such an unsafe condition as to endanger the public's safety." Id.