Justia Injury Law Opinion Summaries

Plaintiff, a registered nurse, was hired in 2008 by the defendant hospital. In 2009, Plaintiff was fired. Plaintiff filed a complaint against Defendant, alleging retaliatory discharge, intentional infliction of emotional distress, and a violation of the West Virginia Wage Payment and Collection Act. The jury found that Defendant wrongfully discharged Plaintiff in a manner designed to undermine public policy and, as a result, Defendant had intentionally inflicted emotional distress upon Plaintiff and had defamed her. Further, the jury found that Defendant failed to pay Plaintiff her full wages. The Supreme Court reversed the jury verdict against Defendant, holding (1) there was insufficient evidence to support the verdict on the wrongful discharge and intentional infliction of emotional distress counts; (2) Plaintiff’s claim for defamation was barred by the applicable statute of limitation; and (3) the circuit court’s conduct and rulings during trial undermined the reliability of the jury’s verdict on unpaid wages. View "Herbert J. Thomas Memorial Hospital Ass’n v. Nutter" on Justia Law

Respondent David King, as administrator of the estate of Wilma Ann King, brought an action against the West Virginia Department of Transportation, Division of Motor Vehicles (DMV) alleging that the DMV was negligent in approving the driver’s license application of the driver who killed Wilma King in an automobile accident without first submitting the driver’s medical information to the Driver’s Licensing Advisory Board (advisory board). The DMV filed a motion for summary judgment, arguing that it was entitled to qualified immunity on the basis that referral to the advisory board is discretionary. The circuit court denied the motion, concluding that referral is nondiscretionary, and therefore, there was no qualified immunity. The Supreme Court reversed, holding that the governmental act or omission that gave rise to Respondent’s action against the DMV constituted a discretionary governmental function, and therefore, the DMV was immune to Respondent’s action. View "Department of Transportation v. King" on Justia Law

In 2013, fourteen plaintiffs, including ten from West Virginia and four from New York, filed products liability and negligence claims agist Pfizer, Inc. regarding their use of the medication, Lipitor, a drug manufactured by Pfizer. An amended complaint was later filed adding twenty-six plaintiffs from Texas. Ultimately, the circuit court granted Pfizer’s motion to dismiss based on forum non conveniens and dismissed the non-West Virginia plaintiffs from the underlying civil action. Plaintiffs sought a writ of prohibition to prevent the circuit court from enforcing its order granting Pfizer’s motion to dismiss. The Supreme Court denied the writ, holding that the circuit court acted within its authority in granting the motion to dismiss. View "State ex rel. Almond v. Honorable Rudolph Murensky" on Justia Law

Petitioner filed a complaint against the City of Wheeling, alleging that the City negligently failed to inspect, maintain, and operate its waterworks and fire hydrant system, resulting in the total loss of her home due to a fire. The City filed a motion to dismiss for failure to state a claim in which it asserted statutory immunity for fire protection services. The trial court granted the motion to dismiss based on its determination that both statutory and common law immunity barred the civil action. Petitioner appealed, arguing that her complaint was based solely on the City’s aqueduct system and not on the provision of fire protection services. The Supreme Court affirmed, holding that the trial court did not err in applying statutory immunity as a bar to further prosecution in Petitioner’s case. View "Albert v. City of Wheeling" on Justia Law

Stacy Stevens, the personal representative of her late husband, Scott Stevens, filed suit on behalf of Scott’s estate against MTR Gaming Group, Inc. and International Game Technology, Inc. after Scott allegedly developed “gambling disorder,” embezzled more than $7 million from his employer to play video lottery machines, spent his family’s savings, and fatally shot himself. Stacy brought claims for negligence, breach of the duty of care, products liability, wrongful death, and intentional infliction of emotional distress. Defendants moved to dismiss the complaint for failing to state a claim upon which relief may be granted. The federal district court certified to the Supreme Court questions of law relevant to resolving the motions. The Supreme Court answered the first certified question in the negative and declined to answer, as effectively moot, the remaining certified questions, holding that no duty of care under West Virginia law exists on the part of manufacturers of video lottery terminals, or the casinos in which the terminals are located, to protect users from compulsively gambling. View "Stevens v. MTR Gaming Group, Inc." on Justia Law

Plaintiff filed a complaint against Defendant alleging that he suffered past medical expenses arising from a car accident. Defendant admitted liability for the accident but denied that the accident injured Plaintiff’s right knee and caused the need for knee surgery. Rather, Defendant argued that Plaintiff’s knee problems were caused by preexisting conditions unrelated to the accident. The jury awarded Plaintiff past medical expenses of $9,620, which is the amount of damages that Plaintiff alleged were the result of his neck and back injuries. Plaintiff moved for a new trial, arguing that there was uncontroverted evidence that his knee condition was caused by the car accident. The circuit court granted a new trial, finding that the preexisting conditions in Plaintiff’s right knee were aggravated in the car accident. The Supreme Court reversed, holding that the circuit court abused its discretion in deciding to grant Plaintiff a new trial based on its finding that the jury verdict was against the weight of the evidence. View "Harnish v. Corra" on Justia Law

Rubin Resources, Inc. filed a legal malpractice action against Garold Morris, alleging that Morris was negligent in performing a title examination and preparing a title opinion for Rubin regarding an oil and gas leasehold, resulting in $278,455 in damages. Morris did not dispute that he was negligent in performing the title examination and title opinion. The circuit court, however, granted summary judgment in favor of Morris, concluding that Morris’s negligence was not the proximate cause of Rubin’s damages. The Supreme Court reversed, holding that the undisputed facts demonstrated that the damage Rubin asserted was the direct and proximate result of Morris’s professional negligence. View "Rubin Resources v. Morris" on Justia Law

On September 1, 2007, the Dattolis were at Oglebay Park Resort in Ohio County, when Mr. Dattoli leaned against a split rail fence after glancing at the fence to ensure that its parts were attached. As he leaned against a post and put his hand on the top rail, the end of the top rail broke into pieces causing Dattoli to fall down a hill and injure his shoulder, requiring surgery and months of physical therapy. The Dattolis brought a negligence claim and presented the testimony of Hargleroad, the Park's Director of Operations since 1990, that the fence was installed between the 1970s and the 1990s; that the Park Commission produced no documents in response to the Dattolis’ request for repair and maintenance records; that wood has a life expectancy; and that the Park was in a better position to ensure that the fence was in good repair than a Park guest. The Commission presented no witnesses. The jury awarded the Dattolis $36,894.47 in medical expenses and $19,000 in lost wages. The court later granted the Dattolis a new trial on damages for pain and suffering. The Supreme Court of Appeals of West Virginia reversed; the Dattolis failed to establish a prima facie case of negligence, adducing no evidence that the Commission knew or should have known of the defect that allegedly caused Dattoli’s injury. View "Wheeling Park Comm'n v. Dattoli" on Justia Law

Thompson, who suffered from Alzheimer’s disease, resided at CMO’s nursing facility, 2001-2011. Following his death, his estate filed suit, alleging that Thompson’s injuries and death resulted from the abuse and neglect he suffered while a resident at the nursing facility. The complaint also sought damages in connection with systemic problems at the nursing facility concerning staffing, budgeting and allocation of resources, and inappropriate policies and procedures under the West Virginia Nursing Home Act (W.Va. Code 16­ 5C-15) and in violation of the West Virginia Consumer Credit and Protection Act (W.Va. Code 46A-6-101 to -110). 4 At trial, the petitioner introduced evidence of falls, subdural hematoma, hip fracture, malnutrition, personal dignity violations, and extreme pain. The state’s highest court granted a new trial on the personal injury claim, but denied on as to the wrongful death claim. The trial court erred by applying the two-year limitations period under theMedical Professional Liability Act in a manner that prevented introduction of pertinent evidence of Thompson’s injuries. View "Williams v. CMO Mgmt., LLC" on Justia Law

Jarred Wellman, a West Virginia resident, was killed in a one-car rollover crash in West Virginia. Jarred was operating a 2002 Ford Explorer at the time of the accident. Plaintiff, a West Virginia resident and the father and administrator of Jarred’s estate, filed a complaint in the Circuit Court of Wyoming County against Ford Motor Company alleging product liability, negligence, and breach of warranty. Ford filed a motion to dismiss for lack of personal jurisdiction on the grounds that it was a nonresident corporation. The trial court denied the motion to dismiss. Ford requested the Supreme Court to issue a writ of prohibition seeking dismissal from the underlying action. The Supreme Court granted the requested writ as moulded, holding (1) Ford has not shown that it is entitled to extraordinary relief whereby the Court would dismiss it from the underlying civil action; but (2) Ford’s assertions regarding its challenge to jurisdiction are of such a significant nature that the parties are entitled to an opportunity to develop the record and submit argument to be considered and determined by the circuit court. View "State ex rel. Ford Motor Co. v. Hon. Warren R. McGraw" on Justia Law