Justia West Virginia Supreme Court of Appeals Opinion Summaries

The Supreme Court affirmed the portion of the circuit court's order granting Respondent's motion to dismiss this Petitioners' claims asserting, inter alia, medical negligence, res ipsa loquitur, and loss of consortium, but vacated the court's decision to grant the dismissal with prejudice, holding that the court erred in dismissing the action with prejudice.At issue on appeal was whether Petitioners' failure to serve a screening certificate of merit upon Respondent before filing their complaint warranted a dismissal of Petitioners' complaint with prejudice. The Supreme Court held (1) the circuit court lacked subject matter jurisdiction to proceed in this case due to Petitioners' failure to comply with the pre-suit notice requirements of the West Virginia Medical Professional Liability Act, W. Va. Code 55-7B-6; and (2) therefore, the circuit court properly dismissed the civil action, but erred in dismissing it with prejudice. View "Tanner v. Raybuck" on Justia Law

The Supreme Court affirmed the order of the circuit court denying Petitioner's petition for expungement, holding that the circuit court did not err in ruling that the petition was barred by res judicata.In 1992, Petitioner was convicted of two counts of malicious assault. In 1996, Petitioner was pardoned. In 1997, his petition for expungement was denied. In 2019, Petitioner filed a second petition for expungement. The circuit court denied the petition, determining that it was barred by res judicata. The Supreme Court affirmed, holding that the circuit court correctly exercised its discretion in denying Petitioner's 1997 petition, and its decision barred the 2019 petition. View "In re Petition of Mario Perito II for Expungement of Record" on Justia Law

The Supreme Court reversed the judgment of the circuit court affirming the decision of the Office of Administrative Hearings (OAH) reinstating Respondent's driving privileges, holding that the OAH incorrectly reversed the revocation of Respondent's driving privileges.After Respondent was arrested under suspicion for driving a motor vehicle while under the influence of alcohol, controlled substances, or drugs (DUI) a sample of his blood was drawn for testing. The West Virginia Division of Motor Vehicles (DMV) revoked Respondent's driving privileges. When Respondent appealed, DMV advised that the blood sample had been destroyed without testing. The OAH reversed the revocation, reasoning that the State violated Respondent's due process rights by depriving him of the opportunity to present potentially exculpatory evidence as a result of his blood sample. The circuit court affirmed. The Supreme Court reversed, holding (1) it was error to find that the destruction of Respondent's blood sample violated his right to due process; and (2) reversing Respondent's revocation was error. View "Frazier v. Null" on Justia Law

The Supreme Court reversed the judgment of the circuit court granting summary judgment in favor of Plaintiffs - Christine Brehm and Amber Hess - in these suits for declarations of coverage against Progressive Max Insurance Company, holding that the circuit court erred in its grant of summary judgment.Plaintiffs were passengers in a Toyota Camry, a rental vehicle operated by Susan Bindernagel, when another driver crashed into the Camry. Bindernagel's insurer, Progressive, denied underinsured motorist (UIM) coverage because the rental vehicle was not a "covered auto" under the policy. The circuit court found that because Plaintiffs had been Bindernagel's guest passengers in the rental car when the crash occurred they were entitled to UIM coverage. The Supreme Court reversed, holding that neither the clear statutory language nor the terms of the insurance policy specifically provided for UIM coverage to those in Plaintiffs' position. View "Progressive Max Insurance Co. v. Brehm" on Justia Law

The Supreme Court reversed two of Defendant's convictions in this case arising from a fatal drug overdose and remanded the case to the circuit court to resentencing, holding that the convictions violated the constitutional prohibition against putting an individual twice in jeopardy.Defendant was convicted of delivery of a controlled substance (methamphetamine), delivery of a controlled substance (Fentanyl), conspiracy to commit a felony, drug delivery resulting in death, and possession of Fentanyl. The Supreme Court affirmed in part and reversed in part, holding (1) the circuit court erred in permitting Defendant to be convicted of both delivery of a controlled substance and delivery of a controlled substance causing death; and (2) there was no error in regard to Defendant's remaining two issues. View "State v. Duke" on Justia Law

The Supreme Court affirmed the circuit court's judgment finding as a matter of law that Defendant Antero Resources Corporation breached the parties' contract and granting partial summary judgment in favor of Plaintiff Directional One Services Inc., USA, holding that the court did not err in its rulings.At issue was the ruling of the circuit court that because two separate documents involved the same parties, the same subject, and were clearly related, then the documents should be construed together as the terms of one contract between the parties. The Supreme Court affirmed the judgment of the circuit court in its entirety, holding that there was no merit to Defendant's allegations of error on appeal. View "Antero Resources Corp. v. Directional One Services, Inc., USA" on Justia Law

The Supreme Court reversed the portion of the order of the circuit court applying prejudgment interest to the jury verdict in this lawsuit alleging breach of express and implied warranties and other claims but otherwise affirmed, holding that the circuit court erred in its assessment of prejudgment interest.Plaintiff sued Defendant, a car dealership, alleging breaches of consumer laws and contract principles. During discovery, DCW withheld requested documents even after the circuit court imposed monetary sanctions. When the requested documents appeared as an exhibit in DCW's motion for summary judgment the circuit court denied the motion and sanctioned DCW. The Supreme Court affirmed in part and reversed and remanded in part, holding that the circuit court (1) did not abuse its discretion by issuing the sanction, approving the jury's verdict, and ordering DCW to pay attorney fees and costs; but (2) erred by applying prejudgment interest to the entire verdict. View "Dan's Car World, LLC v. Delaney" on Justia Law

The Supreme Court affirmed the order of the circuit court denying Petitioner's motion to compel arbitration, holding that the circuit court did not err.Respondents Louise McGraw and Charlotte Rodgers, by and through their daughters, Nancy Reuschel and Loretta Holcomb, filed a complaint against Petitioner, Chancellor Senior Management, Ltd., arguing that Petitioner defrauded their mothers by making misrepresentations and misleading statements and concealing material facts, in violation of the West Virginia Consumer Credit and Protection Act (WVCCPA). See W. Va. Code 46A-1-101 to -8-102. Petitioner filed a motion to compel arbitration based on an arbitration provision set forth in the residency agreement Reuschel and Holcomb signed on behalf of their motions. The circuit court denied the motion, concluding that the agreement could not be enforced as written. The Supreme Court affirmed, holding that the circuit court did not err in determining that the arbitration agreement could not be enforced as written because it did not "comply with its own stated standards." View "Chancellor Senior Management, Ltd. v. McGraw" on Justia Law

The Supreme Court granted a writ of prohibition sought by Petitioner to prohibit the circuit court from enforcing its order to strike the notice it received pursuant to W. Va. Code 55-7-13d regarding Respondent's belief that some or all of the fault in the matter should be assigned to the Monongalia County Commission, holding that Petitioner was entitled to the writ.Respondent was employed by the County Commission when he was injured his work. After resolving his workers' compensation claim Respondent sued Petitioner for further compensation. Thereafter, Petitioner filed the motion at issue. The circuit court granted Respondent's motion to strike the notice, concluding that fault could not be assigned to the County Commission, and, alternatively, that Petitioner failed to allege deliberate intention on the part of the County Commission. The Supreme Court granted Petitioner's petition for a writ of prohibition, holding (1) the circuit court committed clear error in ruling that the County Commission could not be named as a nonparty defendant under W.Va. Code 55-7-13d; and (2) section 55-7-13d did not require Petitioner to meet the deliberate-intention standard in order for fault to be assigned to the County Commission. View "State ex rel. March-Westin Co. v. Honorable Phillip D. Gaujot" on Justia Law

The Supreme Court answered a certified question from the circuit court by holding that Defendant's conviction for "attempted to commit an assault during the commission of a felony" was a qualifying offense under Sex Offender Registration Act, W. Va. Code 15-12-1 to -10, requiring Defendant to be a lifetime registrant.Defendant pled guilty to one count of attempt to commit a felony and was sentenced to a term of imprisonment. At the time of his conviction and sentence Defendant was not required to register as a sex offender. Defendant later entered an Alford/Kennedy plea to two counts of failure to register as a sex offender. Defendant then filed a petition for writ of error coram nobis and motion in arrest of judgment, claiming he was not required to register. The circuit court certified the question to the Supreme Court. The Supreme Court answered that the Act required Defendant to register as a sex offender for life because his conviction was based on a proffer that Defendant committed sexual assault in the third degree, which was a qualifying offense under the Act. View "State v. Conn" on Justia Law