Justia Civil Procedure Opinion Summaries
Articles Posted in Supreme Court of Appeals of West Virginia
In re S.M.
The petitioner, G.M., appealed the Circuit Court of Wyoming County's decision to terminate his parental rights to his daughter, S.M. The case began in September 2021 when the Department of Human Services (DHS) received a referral alleging drug use by S.M.'s mother, T.M. Despite a safety plan, T.M. continued to test positive for drugs, and the family was often not home during DHS visits. In March 2022, DHS filed an abuse and neglect petition after finding the home without electricity and a used needle on the counter. The petitioner waived his right to a preliminary hearing and later stipulated to the allegations without his attorney present, leading to his adjudication as an abusing and neglecting parent.The petitioner was granted an improvement period requiring him to undergo various treatments and services. However, he failed multiple drug tests and did not comply with the case plan, leading to the revocation of his improvement period in October 2022. Despite being given another chance to enter in-patient rehabilitation, the petitioner continued to test positive for drugs and was arrested for DUI in January 2023. At the final disposition hearing in March 2023, the court found no reasonable likelihood that the conditions of abuse and neglect could be corrected and terminated the petitioner's parental rights.The Supreme Court of Appeals of West Virginia affirmed the circuit court's decision. The court found that the petitioner knowingly and intelligently waived his right to counsel at the adjudicatory hearing and that the circuit court did not err in accepting his stipulation. The court also upheld the termination of parental rights, citing the petitioner's failure to comply with the improvement period and continued substance abuse, which indicated no reasonable likelihood of correcting the conditions of abuse and neglect. View "In re S.M." on Justia Law
In re C.F. and T.F.
The petitioner, J.F., appealed the Circuit Court of Kanawha County's order terminating his parental rights to his children, C.F. and T.F. The case began when the Department of Human Services (DHS) filed an abuse and neglect petition against J.F. after he was arrested for various charges, including child neglect. The petition alleged that J.F. had committed acts of domestic violence and verbal abuse in the presence of C.F. T.F. was living with his paternal grandparents under a legal guardianship at the time. The petition included historical allegations of domestic violence involving T.F.'s mother, M.H., and J.F., but no recent allegations involving T.F.The Circuit Court adjudicated J.F. as an abusive and neglectful parent and found both children to be abused and neglected. At the disposition hearing, the court terminated J.F.'s parental rights, citing his incarceration and denial of the abuse, which prevented DHS from providing remedial services. The court also denied J.F. post-termination visitation with his children.The Supreme Court of Appeals of West Virginia reviewed the case. The court found that the Circuit Court failed to make specific findings regarding T.F. being an abused or neglected child, as required by West Virginia Code § 49-4-601. The court noted that T.F. was living with non-abusive guardians and that the allegations of domestic violence involving T.F. were outdated. Consequently, the court vacated the Circuit Court's adjudicatory and dispositional orders concerning T.F. and remanded the case for further proceedings to determine if T.F. met the statutory definition of an abused or neglected child.The court affirmed the termination of J.F.'s parental rights to C.F., agreeing with the lower court's findings that the conditions of abuse and neglect were unlikely to improve due to J.F.'s denial of the circumstances. The court also upheld the denial of post-termination visitation, finding no evidence of a close emotional bond between J.F. and his children or that continued contact would not be detrimental to their well-being. View "In re C.F. and T.F." on Justia Law
Christopher P. v. Amanda C.
The case involves a dispute between Christopher P. (Father) and Amanda C. (Mother) over the custody of their two children. The Family Court of Upshur County was set to hold a final hearing on the matter, but a scheduling conflict arose for Mother's counsel, who was also due to appear in the Circuit Court of Webster County at the same time. Despite Mother's counsel notifying the courts of the conflict, the family court proceeded with the hearing in the absence of Mother and her counsel. The family court then ruled that the children should primarily reside with Father.Mother appealed to the Intermediate Court of Appeals (ICA), arguing that the family court had wrongly failed to yield its hearing time to the circuit court. The ICA granted Mother a new custody hearing, but based its decision on the conclusion that the family court had applied the wrong version of West Virginia Code § 48-9-206. Father then appealed this decision to the Supreme Court of Appeals of West Virginia.The Supreme Court of Appeals of West Virginia reversed the ICA's decision in part, agreeing with the ICA that Mother is due a new hearing in family court, but disagreeing with the ICA's conclusion that the family court had applied the wrong version of the law. The Supreme Court found that the family court had abused its discretion by proceeding with the hearing in the absence of Mother and her counsel, and remanded the case back to the family court for a new hearing. View "Christopher P. v. Amanda C." on Justia Law
Frye v. Erie Insurance Company
The case involves Brian Frye, a homeowner who claimed that his property had suffered damage due to underground mine subsidence. He submitted a claim to his home insurer, Erie Insurance Company, and notified the Board of Risk Insurance and Management (BRIM) of the damages. Both Erie and BRIM investigated the claim, but both denied it, stating that the damage was not due to mine subsidence. Frye then sued Erie for breach of contract and other claims. The Circuit Court of Ohio County granted summary judgment to Erie, concluding that Erie functioned as BRIM’s agent in the adjustment of Frye’s claim. Frye moved the court to alter or amend that judgment, arguing that it threatened the constitutionality of certain West Virginia statutes.The Supreme Court of Appeals of West Virginia vacated the lower court's decision and remanded the case for further proceedings. The court found that the lower court erred by failing to notify the Attorney General of the constitutional questions raised in Frye’s motion to alter or amend the summary judgment order. The court concluded that the appropriate remedy was to vacate the lower court’s order denying Frye’s motion and to remand the matter to permit the lower court to notify the Attorney General of these proceedings in accordance with Rule 24(c) of the West Virginia Rules of Civil Procedure. View "Frye v. Erie Insurance Company" on Justia Law
Eldercare of Jackson County, LLC v. Lambert
The case involves a lawsuit filed by Rosemary Lambert and Carolyn Hinzman, individually and as co-executors of the estate of Delmar P. Fields, against Eldercare of Jackson County, LLC, Community Health Association, and Dr. Irvin John Snyder. The plaintiffs allege that Mr. Fields contracted COVID-19 while a resident at Eldercare and died while under the care of Jackson General and Dr. Snyder. The defendants sought dismissal of the lawsuit, arguing that they were immune from liability under the COVID-19 Jobs Protection Act.The Circuit Court of Jackson County denied the defendants' motions to dismiss. The court interpreted the term "actual malice" in the COVID-19 Jobs Protection Act to mean that the defendant acted with the intent to injure or harm the plaintiff or decedent. The court found that the plaintiffs had alleged sufficient facts to survive a motion to dismiss.On appeal, the Supreme Court of Appeals of West Virginia affirmed the lower court's decision in part and reversed in part. The court held that the term "actual malice" in the COVID-19 Jobs Protection Act means that the defendant acted with the deliberate intent to commit an injury, as evidenced by external circumstances. The court found that the plaintiffs had alleged sufficient facts to show that Eldercare engaged in intentional conduct with actual malice. However, the court found that the allegations against Jackson General Hospital and Dr. Snyder were insufficient to establish that they engaged in intentional conduct with actual malice. The case was remanded for further proceedings. View "Eldercare of Jackson County, LLC v. Lambert" on Justia Law
Ruble v. Rust-Oleum Corporation
The case involves Michael D. Ruble and Brenda K. Ruble, who filed a lawsuit against Rust-Oleum Corporation and other defendants. Michael Ruble alleged that he was injured due to exposure to defective, toxic chemicals at his workplace, which were manufactured by third parties. He filed a product-defect lawsuit against these manufacturers and a workers' compensation claim with his employer. The workers' compensation administrative process concluded that Ruble failed to prove he developed an injury as a result of his employment. The third-party manufacturers then moved to dismiss the product-defect lawsuit, arguing that Ruble was barred from litigating causation in court due to the workers' compensation decision. The Circuit Court of Cabell County granted the motion to dismiss.The Circuit Court of Cabell County ruled in favor of the third-party manufacturers, applying the doctrine of collateral estoppel. The court held that the workers' compensation decision precluded Ruble from litigating the causation issue in court. The court found that the workers' compensation process involved legal standards and procedural rules that were substantially different from those in a courtroom, and that process did not afford Ruble a full and fair opportunity to litigate whether the third-party manufacturers' chemicals were a cause of his injury.The Supreme Court of Appeals of West Virginia reversed the circuit court's decision. The court found that the workers' compensation administrative procedures were not an adequate substitute for juridical procedures in the circuit court. The court held that Ruble did not have a full and fair opportunity to litigate the issue of causation in the prior workers' compensation administrative proceedings. The court concluded that it was error for the circuit court to have applied collateral estoppel to Ruble's claims. The case was remanded for further proceedings. View "Ruble v. Rust-Oleum Corporation" on Justia Law
Shears v. Ethicon, Inc.
The case involves a dispute over the burden of proof in a strict liability claim based on a design defect. The petitioners, Judith and Gary Shears, filed a lawsuit against Ethicon, Inc., and Johnson & Johnson, alleging injuries caused by Ethicon’s Tension-Free Vaginal Tape (TVT), a mesh sling used to treat stress urinary incontinence. The Shearses claimed that the TVT device was defectively designed. The case was part of a multidistrict litigation proceeding against Ethicon.The case was initially heard in the United States District Court for the Southern District of West Virginia, where Ethicon argued that the plaintiffs must prove that an alternative, feasible design would have materially reduced the plaintiff’s injuries. The district court rejected this argument. However, after the publication of the West Virginia Pattern Jury Instructions for Civil Cases (PJI) § 411, which stated that a plaintiff must prove that there was an alternative, feasible design that eliminated the risk that injured the plaintiff, the district court reconsidered its decision and agreed with Ethicon's argument. The case was then transferred to the United States District Court for the Northern District of West Virginia.The Supreme Court of Appeals of West Virginia was asked to clarify certain elements of proof required to establish a prima facie case in a strict liability claim based on a design defect. The court held that PJI § 411 does not correctly specify a plaintiff’s burden of proof in a strict liability claim based on a design defect. The court further held that a plaintiff asserting a strict liability claim for a design defect must prove that an alternative, feasible design was available to the manufacturer at the time the product in question was manufactured. Lastly, the court held that a plaintiff is required to prove that an alternative, feasible design existing at the time the subject product was made would have substantially reduced the risk of the specific injury suffered by the plaintiff. View "Shears v. Ethicon, Inc." on Justia Law
State ex rel. Dilly v. Hall
The case involves two petitioners, Daniel Dilly, Superintendent of the Rubenstein Juvenile Center (RJC), and Nancy Oldaker, Health Services Administrator at RJC, who were held in contempt of court by Judge Kurt Hall of the Circuit Court of Lewis County, West Virginia. The contempt charges arose from an incident involving a resident of RJC, identified as D.P., who suffered a broken jaw during a fight with other residents. The court had ordered that D.P. be taken off RJC grounds for an X-ray and that his mother be notified of his medical appointments. The court found that these orders were not adequately followed by the petitioners.The Circuit Court of Lewis County held a hearing to review D.P.'s placement and medical care, resulting in a "Medical Care Order" that directed RJC to schedule an appointment for D.P. with his oral surgeon and to allow D.P.'s mother to attend the appointment. The court also ordered RJC to provide a report concerning the incident that led to D.P.'s injury. When these orders were not fully complied with, the court held a "show cause" hearing and found both Superintendent Dilly and Ms. Oldaker in contempt of court, fining each of them $250.The Supreme Court of Appeals of West Virginia found that procedural errors in the lower court's contempt proceedings deprived the court of jurisdiction to impose such sanctions. The court noted that the lower court failed to provide the petitioners with adequate notice that they were facing indirect criminal contempt proceedings and did not afford them jury trials before imposing the fines. The court concluded that the contempt orders were void and granted the petitioners' requested writs of prohibition, thereby preventing the lower court from enforcing the contempt orders. View "State ex rel. Dilly v. Hall" on Justia Law
Blackrock Enterprises, LLC v. BB Land, LLC
This case involves a dispute between Blackrock Enterprises, LLC and BB Land, LLC and JB Exploration 1, LLC over a Lease Acquisition Agreement (LAA). Both parties claimed the other had breached the agreement and sought declaratory relief regarding their respective rights and obligations. The trial was bifurcated into two phases. In the first phase, a jury found that both parties had materially breached the LAA, but that Blackrock had committed the first material breach. As a result, the business court concluded that Blackrock could not recover for any subsequent breach committed by Jay-Bee. In the second phase, the business court determined that the parties were engaged in a de facto mining partnership and ordered Blackrock dissociated from the partnership. The court also valued Blackrock’s partnership interest at zero and ordered it to quit-claim its interests in certain leases to Jay-Bee. Blackrock appealed, arguing that the business court committed multiple errors in both phases of the proceedings.The Supreme Court of Appeals of West Virginia found that the business court erred in its construction of the first material breach doctrine and by granting judgment for Jay-Bee on the basis of clearly erroneous findings “deemed” made by operation of West Virginia Rule of Civil Procedure 49(a). The court reversed the final judgment and remanded for a new trial and further proceedings. The court also vacated that portion of the final judgment order finding the parties engaged in a mining partnership. View "Blackrock Enterprises, LLC v. BB Land, LLC" on Justia Law
Potomac Comprehensive Diagnostic & Guidance Center, Inc.v. L.K., By Her Guardian and Conservator, Young
The case involves Potomac Comprehensive Diagnostic & Guidance Center, Inc. (Potomac), a residential behavioral health center in West Virginia, and two former residents, L.K. and D.S., who were represented by their guardian and conservator, Kelly Young. The plaintiffs alleged that they were abused and neglected by Potomac staff members while residing at the facility for approximately five months spanning the years 2013 and 2014. They asserted claims for negligence and unlawful discrimination in violation of the West Virginia Human Rights Act.The case was initially heard in the Circuit Court of Hardy County, where the jury found in favor of the plaintiffs. Potomac appealed the decision, arguing that the lower court erred in several ways, including denying its pre-trial motion for summary judgment on the issue of whether Potomac is a “place of public accommodations” under the Human Rights Act, and admitting evidence at trial pertaining to the abuse of other children who resided at Potomac and the results of a 2014 investigation of that abuse.The Supreme Court of Appeals of West Virginia found that Potomac is not a “place of public accommodations” under the Human Rights Act and that the lower court erred by not granting summary judgment to Potomac on this issue prior to trial. The court also found that the lower court committed reversible error by admitting the 2014 investigative reports in their entirety into evidence at trial. Consequently, the court reversed the lower court’s final order and remanded the case for a new trial. View "Potomac Comprehensive Diagnostic & Guidance Center, Inc.v. L.K., By Her Guardian and Conservator, Young" on Justia Law