Articles Posted in Supreme Court of Appeals of West Virginia

by
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

by
In 2001, the decedent presented to the Wetzel County Hospital Emergency Room in New Martinsville and came under the care of Dr. Murthy, a surgeon; she slipped into shock and died the next day. Her estate filed a medical negligence action, alleging that Murthy failed to perform exploratory surgery to identify, diagnose and correct the decedent’s “intraabdominal condition.” A jury awarded $4,000,000 in compensatory damages. After the trial, the circuit court allowed amendment of the complaint to add Murthy’s insurance carrier, Woodbrook, alleging that Woodbrook made all relevant decisions for Murthy’s defense and acted vexatiously and in bad faith. Following a remand, Murthy paid a reduced judgment, plus interest, in the total amount of $1,162,741.60 and filed motions in limine to preclude certain matters from consideration on the issue of attorney fees and costs, including an unrelated case that resulted in a $5,764,214.75 verdict against Dr. Murthy in March 2007. The court dismissed Woodbrook as a party-defendant and awarded the estate attorney fees and costs. The precise calculation was to be later determined. The Supreme Court of Appeals of West Virginia reversed, concluding that the lower court’s reliance on certain conduct by Murthy did not justify the award. View "Murthy v. Karpacs-Brown" on Justia Law