Justia West Virginia Supreme Court of Appeals Opinion Summaries

The Supreme Court reversed the order of the circuit court denying Petitioner's motion to dismiss the first amended complaint filed by Respondent, a minor, by and through his parent and next friend, for failure to state a claim upon which relief can be granted, holding that the circuit court erred.In his complaint Respondent alleged that Defendants, officers with the West Virginia State Police, Department of Military Affairs and Public Safety (the WVSP), acted outside the scope of their duties when they severely beat him. Respondent argued that the officers' actions were imputed to Petitioner, the WVSP, pursuant to the doctrine of respondent superior and that the WSVP was negligent and/or reckless in failing to properly train and supervise its officers. After the WSVP unsuccessfully filed a motion to dismiss it appealed. The Supreme Court reversed and remanded the case, holding that the circuit court erred by considering matters outside the pleadings and by failing appropriately to consider whether qualified immunity applied. View "West Virginia State Police, Department of Military Affairs v. J.H." on Justia Law

The Supreme Court reversed the orders of the circuit court denying Petitioners' respective motions to dismiss the amended complaint filed by the Estate of Cody Lawrence Grove for failure to state a claim upon which relief can be granted, holding that the circuit court erred in several respects.This appeal arose from the suicide of Groves during his incarceration at the Eastern Regional Jail, which was operated by the West Virginia Regional Jail and Correctional Facility (WVRJCA). The Estate filed a complaint agains the WVRJCA and Joshua David Zombro (collectively, Petitioners), asserting seven causes of action. Petitioners filed a motion to dismiss, which the circuit court denied. The Supreme Court reversed, holding that the circuit court erred by (1) incorrectly failing to apply the heightened pleading standard applicable to cases implicating qualified immunity; (2) failing to appropriately consider whether qualified immunity applied to shield Petitioners from suit; (3) failing to determine whether the WVRJCA is a state agency; and (4) failing to address punitive damages. View "West Virginia Regional Jail & Correctional Facility Authority v. Estate of Cody Lawrence Grove" on Justia Law

The Supreme Court affirmed the order of the circuit court denying Petitioner's motion for judgment as a matter of law or, in the alternative, for a new trial following a jury trial in a personal injury action brought by Respondents, holding that the circuit court did not err.This action arose from an incident where Respondent was severely injured when he was struck and run over by a truck owned and operated by an employee of Petitioner. The jury returned a verdict finding that the employee was acting within the scope of his employment and apportioning one hundred percent of the fault for the incident to the employee. The Supreme Court affirmed, holding that the circuit court did not err in denying Petitioner's motion for judgment as a matter of law or, in the alternative, for a new trial, or for remittitur. View "Roof Service of Bridgeport, Inc. v. Trent" on Justia Law

The Supreme Court affirmed in part and dismissed for lack of appellate jurisdiction in part three consolidated appeals from the circuit court's orders relating to the same underlying civil action involving a workplace incident, holding that two of the orders appealed were not final orders.The orders at issue ruled on motions to dismiss filed by several of the parties in the underlying action. The circuit court dismissed claims for deliberate intent and loss of consortium asserted by the plaintiffs and denied several motions to dismiss. These appeals followed. The Supreme Court held (1) the circuit court's order dismissing the deliberate intent and loss of consortium claims was correct because the claims were time barred; and (2) the orders being appealed in the remaining two cases were not final and appealable. View "Bell v. Nicholson Construction Co." on Justia Law

The Supreme Court affirmed the order of the circuit court denying Wal-Mart's posttrial motions and the court's judgment against each defendant in this personal injury case according to its apportioned fault, holding that the circuit court did not err.Plaintiff sued Wal-Mart after she sustained serious injuries in a collision with a fleeing shoplifter in a Parkersburg Wal-Mart. Following a jury trial, the jury awarded $16.9 million in damages, apportioning thirty percent of the fault to Wal-Mart and the remainder to the shoplifter. The circuit court denied Wal-Mart's posttrial motions. The Supreme Court affirmed, holding (1) Wal-Mart owed a duty to Plaintiff to protect her from the shoplifter's criminal conduct, and a reasonable juror could have concluded that the shoplifter's flight was the proximate cause of Plaintiff's injuries; (2) the circuit court did not commit reversible error when it refused to instruct the jury on intervening cause; (3) any error in the circuit court's exclusion of certain allegations in Plaintiff's complaint was harmless; (4) the circuit court did not abuse its discretion in awarding Plaintiff prejudgment interest on her past medication expenses; and (5) the circuit court did not err in refusing to enter Plaintiff's proposed judgment order. View "Wal-Mart Stores East, L.P. v. Ankrom" on Justia Law

In this personal injury action, the Supreme Court affirmed in part and reversed in part the order of the circuit court denying Plaintiff a new trial on damages and imposing sanctions, holding that the verdict awarding no damages was inadequate.Plaintiff sued Defendant for the intentional tort of battery. The jury found Defendant liable for battery but awarded Plaintiff no damages. The Supreme Court reversed in part, holding (1) because the uncontroverted evidence was not only that the battery caused Plaintiff's brain injury but also that Plaintiff suffered a traumatic brain injury for which he was not compensated, the verdict was inadequate; (2) the circuit court was within its discretion to require the parties to bear their own costs and to order Defendants to pay the costs of the jury trial; and (3) the circuit court did not abuse its discretion by imposing sanctions in the form of attorney fees where Defendants displayed a pattern of discovery misconduct. View "McKenzie v. Sevier" on Justia Law

In these two related proceedings the Supreme Court granted the writs of prohibition sought by Monster Tree Service Inc. (Monster, Inc.) and Monster Franchise, LLC to set aside defaults entered against them in the circuit court, holding that the circuit court erred by failing to grant Monster, Inc.'s and Monster Franchise's motions to set aside their defaults.Respondent was injured when he fell from a tree while working for Monster Tree Service of the Upper Ohio Valley, Inc. (Monster UOV), an Ohio corporation. Respondent sustained his injuries in Marshall County, West Virginia. Respondent sued Monster UOV, Monster Franchise, and Monster, Inc. in Marshall County Circuit Court. The circuit court later entered defaults against all defendants. Monster Franchise and Monster, Inc. moved to set aside their defaults. The circuit court denied both motions. The Supreme Court granted both entities' writs of prohibition, holding (1) Respondent's attempt at service on Monster Franchise was ineffective and that the circuit court lacked jurisdiction to enter a default judgment against Monster Franchise; and (2) the circuit court committed clear error as a matter of law when it refused to vacate Monster, Inc.'s default. View "State ex rel. Monster Tree Service, Inc. v. Cramer" on Justia Law

The Supreme Court affirmed the order of the circuit court denying Monongahela Power Company's (Mon Power) motion to dismiss on the basis of statutory immunity, holding that the circuit court did not err in determining that a private corporate entity or employer is not entitled to immunity under W. Va. Code 15-5-11(a).Michael Buzminsky, an employee of HSC LLC, was electrocuted and injured when he was sent to perform repairs to the City of Ronceverte's wastewater treatment plant. Michael and Vickie Buzminsky (collectively, Plaintiffs) pled negligence against Mon Power, alleging that, despite its knowledge continued electrical issues, Mon Power left the plant energized. Citing the immunity extended to emergency services workers pursuant to W. Va. Code 15-5-11(a), Mon Power moved to dismiss the action for lack of subject matter jurisdiction, asserting that the circuit court lacked jurisdiction over it because it was statutorily immune. The circuit court denied the motion. The Supreme Court affirmed, holding (1) the immunity established for "duly qualified emergency services workers" pursuant to section 15-5-11(a) applies only to individual employees and does not extend to such employees' private employer or corporate entity; and (2) Mon Power does not derivate immunity vicariously through the immunity which its employees enjoy under the statute. View "Monongahela Power Co. v. Buzminsky" on Justia Law

The Supreme Court affirmed the order of the circuit court granting summary judgment in favor of Cindy Langman on John Zsigray's claims for outrage and intentional infliction of emotional stress and reversed the order granting Langman's motion to dismiss the defamation claim regarding statements she made to a law enforcement officer, holding that Zsigray's complaint included sufficient allegations to withstand a motion to dismiss on this portion of the defamation claim.After a law enforcement officer's investigation into an incident at McDonald's Zsigray was charged with criminal harassment. Following a jury trial at which Langman testified Zsigray was found not guilty. Zsigray later filed a complaint against Langman, alleging, inter alia, defamation. The defamation claim was based on Langman's statements to the officer and her testimony. The circuit court granted Langman's motion to dismiss. The Supreme Court affirmed in part and reversed in part, holding that the circuit court (1) properly ruled that Langman's testimony during the magistrate court trial judge was entitled to absolute immunity from Zsigray's defamation claim; (2) erred in ruling that Langman's statements to the officer were also absolutely privileged; and (3) did not err by granting Langman's motion for summary judgment on the outrage and intentional infliction of emotional distress claims. View "Zsigray v. Langman" on Justia Law

The Supreme Court denied a writ of prohibition requested by Petitioners seeking to have the circuit court dismiss Nadine Rice's tort action with prejudice under W. Va. R. Civ. P. 41(b), holding that Petitioners failed to show that the circuit court's order was whether clearly erroneous as a matter of law or a flagrant abuse of its discretion.Rice sued Petitioners alleging several claims arising from her alleged negligent ejection from her home. For various reasons, Rice's case did not progress. Petitioners later moved the circuit court to dismiss the case with prejudice. The circuit court denied the motion, concluding that good cause justified the delay and that the delay had not prejudiced Petitioners. Petitioners then sought an extraordinary writ to prevent the circuit court from acting beyond what they argued were the court's legitimate powers. The Supreme Court denied the writ, holding that Petitioner's did not show that this case was an extraordinary case requiring an extraordinary remedy. View "State ex rel. Johnson & Freedman, LLC v. Honorable Warren R. McGraw" on Justia Law