Pt. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Syl. Criminal or Civil Court records found on Marcus's Family, Friends, Neighbors, or Classmates View Details. 2, Id. We are careful to note, however, that the issue of whether petitioner waived his right of appeal under the settlement agreement is distinguishable from a challenge to this Court's authority to hear a particular case. In summary, we stated that “[w]hen the facts are in dispute, the court identifies the existence of the duty conditioned upon the jury's possible evidentiary finding.” Id. As is patently obvious, these arguments are not legal issues, but are factual questions that remain unresolved.7. This Court found that the trial court properly. Petitioner maintains that “[a]ll he did was drive his truck.” In addition, petitioner maintains that there is no “reliable” evidence that Samantha called petitioner to pick them up later in the evening and that he refused. This Court has explained that. TORTS Fall 2019 . Strahin presents a proper roadmap for the resolution of intertwining factual and legal issues as pertains to duty. Study 17 Final: Proximate Cause flashcards from Michael W. on StudyBlue. law school study materials, including 801 video lessons and 5,200+ Misty simply testified that Samantha and Kelly had the alcohol “with them.”. Respondent Lori Ann Staubs filed suit as the mother and next friend of Jessica Staubs and as Administratrix of the Estate of Samantha Staubs against petitioner and others.2 Respondent alleged that petitioner and Woodward negligently “provided” alcohol to the minors. The girls then retreated to Adrian's house, where they began drinking the alcohol, as well as vodka from Adrian's house. As with the preceding issue of negligence, we find that determination of proximate cause and intervening causation were issues to be resolved by the finder of fact. Internet Explorer 11 is no longer supported. 545 (1928) Summers v. DooleyIdaho Sup. Misty and Samantha began calling friends to find someone to give them a ride to another location. Minutes later, with Misty at the wheel and Samantha an unsecured front passenger, the vehicle hit an embankment. To that end, for purposes of remand, we once again direct the trial court to Syllabus Point 10 of Harbaugh, supra: “ ‘The questions of negligence, contributory negligence, proximate cause, intervening cause and concurrent negligence are questions of fact for the jury where the evidence is conflicting or when the facts, though undisputed, are such that reasonable men draw different conclusions from them.’ Syl. Respondent likewise took the position that the material facts were undisputed. Firefox, or Pt. Rather, petitioner testified that he went to Sweet Springs so Woodward could buy alcohol for himself, as had been their plan all day, and that the girls simply “begged” to go with them. Accordingly, we analyze the terms of the PSA under West Virginia contract law to determine if Patricia waived her beneficiary interest in the proceeds of Frank’s life insurance policy. Marcus v. Staubs. At the outset, it is clear that petitioner's first argument is not that the trial court performed an incorrect legal analysis to affix liability as a result of violation of statute, but rather that it adopted the “wrong” set of facts to apply to the law. 11-0994 - Jonathan Ray Marcus v. Lori Ann Staubs, as mother and next friend of Jessica Lynn Staubs, and as Administratrix of the Estate of Samantha Dawn Staubs, deceased FILED Benjamin, J., concurring: December 7, 2012 RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA I write separately raising concern that the majority opinion, which reaches a satisfactory … To be more explicit, however, the mere fact that the parties seemingly agreed that there were no disputed issues of material fact does not constrain the trial court to accept that representation as true and enter summary judgment for one of the parties. Marcus e-shop Oravský Podzámok : Zaoberáme sa distribúciou ochranných pracovných pomôcok a stavebného náradia. It is well-established that “[a] circuit court's entry of summary judgment is reviewed de novo.” Syl. Secondly, and more importantly, petitioner ignores the remainder of the discussion in Miller, which indicates that there are exceptions to this generality for instances where (1) there is a “special relationship” which gives rise to a duty or (2) “when the person's affirmative actions or omissions have exposed another to a foreseeable high risk of harm from the intentional misconduct.” Id. 7.  A common theme throughout petitioner's argument is that, while there may be some measure of factual dispute, none of the material facts are disputed. As to the division of labor to manage this mixture of issues, we held that. As such, although we do not find error in the trial court's use of this principle to establish liability under the facts of this case, we find that the trial court erred in making factual determinations of disputed facts to reach the conclusion that petitioner was negligent. Notes. Petitioner further argues that the testimony suggesting the minors called him later that evening to be picked up is speculative, at best. Assumption of the Risk Moore v. Regardless, under these facts, neither petitioner nor Woodward provided alcohol to the minors “without remuneration” or “gratuitously” in the context of a social setting, as examined in Overbaugh. (emphasis added). Kelly believes that Samantha “probably would have called” petitioner for a ride. Syl. Delaney v. Reynolds In Strahin, this Court was faced with a similar challenge to a lower court's determination that a legal duty existed where alleged negligence concurred with intentional, criminal acts. The girls and their :friends . By operation of the settlement agreement, upon a finding of liability, damages were fixed by agreement of the parties and therefore the computation “ministerial.”. However, as is patently obvious from the foregoing discussion, the trial court unquestionably acted as both “judge and jury.”. like-liste Marcus 3-lags ansigtsmaske i stof, Marcus Facemask DKK 59,95; like-liste-76% Tilbud Marcus Jeans - Marcus Dennis 2086 DKK 399,95 DKK 95,00; like-liste-68% Tilbud Marcus Jeans - Marcus Dennis 2067 DKK 299,95 DKK 95,00; like-liste-87% Tilbud Marcus Vind og vandtæt jakke, sort lang, Marcus Fergus DKK 1.499,00 DKK 195,00 at 187, 603 S.E.2d at 209 (emphasis added). The settlement agreement provided as follows: “[I]f, after trial and verdict on the question of liability ․ judgment is for Marcus, then Nationwide will pay to Staubs ․ $50,000.00․ If, after trial and verdict on the question of liability ․ judgment is for Staubs, then Nationwide will pay to Staubs ․ $125,000.00.”. ]” Warner v. Haught, Inc., 174 W. Va. 722, 731, 329 S.E.2d 88, 97 (1985). does not constitute a determination that there is no issue of fact to be tried and if a genuine issue of material fact is involved both motions should be denied.’ Syl. Quimbee might not work properly for you until you. In her response brief, respondent raises two arguments neither of which were raised below, nor were they cross-assigned as error. But I think when juries look at cases they do reach conclusions and make presumptions, I mean, they're allowed to put two and two together to equal four, cause and effect, things of that nature, which is maybe different than a cold computation of known admitted facts. Like petitioner herein, the appellant in Strahin, supra, argued that Miller stands for the proposition that he had no duty to protect appellee from the intentional, criminal acts of third parties. Samantha was killed; Jessica sustained a head injury. Join Facebook to connect with Marcus Staub and others you may know. 5, Virginian Export Coal Co. v. Rowland Land Co., 100 W.Va. 559, 131 S.E. Respondent cites only to Woodward's testimony wherein he contends that it was petitioner who requested that he purchase the alcohol for the minors. Your Name: For example, type "312312..." and then press the RETURN key. This is Me - Control Profile. This Court has held: “The questions of negligence, contributory negligence, proximate cause, intervening cause and concurrent negligence are questions of fact for the jury where the evidence is conflicting or when the facts, though undisputed, are such that reasonable men draw different conclusions from them.” Syl. Jonathan Ray Marcus (defendant), age 18, and his 26-year-old friend Steven Woodward drove 14-year-old Samantha Staubs and her 13-year-old sister Jessica across the West Virginia state line into Virginia to purchase alcohol. Both petitioner's and respondent's arguments as to this portion of the first assignment of error smack of closing argument and summarily dismiss squarely contradictory evidence. 9, Mountain Lodge Assoc., v. Crum & Forster Indemnity Co., 210 W. Va. 536, 558 S.E.2d 336 (2001). Pt. However, Woodward testified that petitioner asked him if he would also buy alcohol for the girls and that he refused. The Court is mystified by petitioner's insistence that it is immaterial to determination of liability in this matter whether petitioner was aware of the request for Woodward to purchase alcohol for the minors, whether Woodward did in fact purchase alcohol for the minors as opposed to himself, and whether petitioner refused to pick up the minors later that night—all disputed issues. You're using an unsupported browser. Petitioner's final assignment of error serves as a “catch-all” assignment of error arguing, again, that the trial court made erroneous findings of fact in support of its award of summary judgment to respondent and improperly weighed the evidence. 8, Aikens, supra. March 29, 2013 by Justia . Marcus v. Staubs; a tortfeasor whose negligence is a substantial factor in bringing about injuries is not relieved from liability by the intervening acts of third persons if those acts were reasonably foreseeable by the original tortfeasor. Marcus v. Staubs Supreme Court of Appeals of West Virginia, 2012 736 S.E.2d 360 Pg. No. MARCUS v. SEARCH WARRANT(1961) No. 6 (1979) Mathias v. Accor Economy Lodging, Inc. 347 F.3d 672 (2003) Mavrikidis v. Petullo. 2, Evans v. Farmer, 148 W. Va. 142, 133 S.E.2d 710 (1963).” (emphasis added). However, respondent's “standing” argument does present a jurisdictional challenge. In particular, the trial court suggested that, as an accomplice to Woodward's procurement of the alcohol, petitioner was criminally liable as the sole perpetrator, Woodward. The West Virginia Supreme Court granted certiorari to review. United States Supreme Court. 10, Price v. Halstead, [177] W. Va. [592], 355 S.E.2d 380 (1987). v. Carolyn M., 193 W.Va. 289, 456 S.E.2d 16 (1995) (holding that even where neither party raises a jurisdictional question, the Court has the duty to determine its jurisdiction unilaterally). The basis for liability arising out of violation of statute is found in W. Va.Code § 55–7–9 (Repl.Vol.2008), which provides: “Any person injured by the violation of any statute may recover from the offender such damages as he may sustain by reason of the violation, although a penalty or forfeiture for such violation be thereby imposed, unless the same be expressly mentioned to be in lieu of such damages.” Moreover, this Court has held: “Violation of a statute is prima facie evidence of negligence. See Syl. For purposes of this argument, petitioner abandons the issue of his own conduct momentarily and contends that notwithstanding his actions, he had no duty to protect the minors from their own subsequent criminal actions and that of their friends. Therefore, we find the trial court's award of summary judgment improperly invaded the province of the fact-finder in determining whether petitioner's alleged actions were the proximate cause of the accident at issue and whether the subsequent criminal actions constituted intervening causes and, as such, was error. The test is, would the ordinary man in the defendant's position, knowing what he knew or should have known, anticipate that harm of the general nature of that suffered was likely to result?” Syl. See Syl. at 180, 603 S.E.2d at 202. You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. 222 F.2d 604 (1st Cir. We have defined intervening cause as follows: “ ‘An intervening cause, in order to relieve a person charged with negligence in connection with an injury, must be a negligent act, or omission, which constitutes a new effective cause and operates independently of any other act, making it and it only, the proximate cause of the injury.’ Syllabus Point 16, Lester v. Rose, 147 W. Va. 575, 130 S.E.2d 80 (1963) [modified on other grounds, State ex rel. JONATHON RAY MARCUS, PetitionerlDefendant Below, v. No. To that end, the Court has held the following: “The ultimate test of the existence of a duty to use care is found in the foreseeability that harm may result if it is not exercised. View the profiles of professionals named "Marcus Staub" on LinkedIn. Regardless, we find that it is likewise without merit. Pt. Pt. In particular, petitioner takes issue with the trial court's finding that he was a “known party boy.” More significantly, petitioner alleges that the trial court erred in finding that Jessica, as an infant under the age of 14, was not guilty of contributory negligence and in assigning petitioner a percentage of negligence.10 As is apparent from the foregoing discussion, given the trial court's unmistakable intrusion into the province of the fact-finder and our remand on those issues, we find it unnecessary to specifically address each of these contentions. Petitioner/defendant Jonathan “Ray” Marcus (hereinafter “petitioner”) appeals the Circuit Court of Jefferson County's May 25, 2011, order granting summary judgment in favor of respondent/plaintiff Lori Ann Staubs, next friend of Jessica Lynn Staubs and Administratrix of the Estate of Samantha Nichole Dawn Staubs, on the issue of liability. After default was entered against petitioner, Nationwide Mutual Fire Insurance Company (hereinafter “Nationwide,” which provided a homeowners' insurance policy to petitioner's father, with whom he resided) appeared and defended on petitioner's behalf. With respect to proximate cause, in general, this Court has stated: “ ‘To be actionable, negligence must be the proximate cause of the injury complained of and must be such as might have been reasonably expected to produce an injury.’ Syl. Join Facebook to connect with Marcus Staub and others you may know. Pt. Va.Code § 11–16–19(c) (Repl.Vol.2010) and W. Va.Code § 49–7–7 (Repl.Vol.2009);4 (2) that by virtue of his violation of these statutes, he was prima facie negligent; (3) that by refusing to pick the girls up later in the evening at their request, he was guilty of common law negligence; (4) that his negligence was a proximate cause of the accident; (5) that Misty's actions in stealing the vehicle, driving without a license, and driving intoxicated were not intervening causes; (6) that by imposing liability on petitioner, the court was not imposing “social host” liability, as argued by petitioner; (7) that Jessica Staubs, as a 13–year–old, was not guilty of contributory negligence;5 and (8) as a result of the foregoing, petitioner was liable to respondent. Listed below are the cases that are cited in this Featured Case. However, despite the language of the agreement contemplating a trial and verdict, petitioner moved for summary judgment, prompting a response and cross-motion for summary judgment by respondent. ). Without question, this Court has clearly stated: The determination of whether a defendant in a particular case owes a duty to the plaintiff is not a factual question for the jury; rather the determination of whether a plaintiff is owed a duty of care by a defendant must be rendered by the court as a matter of law. Meinhard v. SalmonN.Y. 3, Wehner v. Weinstein, 191 W. Va. 149, 444 S.E.2d 27 (1994). Court Records found View. 4 . For the reasons set forth above, this Court reverses the May 25, 2011, order of the Circuit Court of Jefferson County granting summary judgment in favor of respondent and remands this case for further proceedings consistent with this opinion. Julie focuses her practice in the areas of business litigation, construction law, employment law, municipal law, and land use law. Julie Shank has experience representing and counseling clients in a variety of routine and complex matters. Pt. As to the factual underpinning to both means of establishing liability, the order quite clearly mirrors respondent's arguments and appears to adopt wholesale respondent's version of the facts. We find that the facts of this case are inapposite to the concept of “social host liability.” Even under petitioner's definition of a social host as one who “furnishes alcoholic beverage without remuneration,” he clearly does not qualify. 11-0994 (Appeal from the Circuit ; Court of Jefferson County, 08-C-488) LORI 'ANN STAUBS, as mother and next friend : of JESSICA LYNN STAUBS, and as Administratrix ; ofthe Estate of SAMANTHA NICHOLE DAWN STAUBS, deceased, Kelly testified that the money was for “Hurricane” brand malt liquor. Read our student testimonials. If you logged out from your Quimbee account, please login and try again. Petitioner argues that the trial court erred by: 1) concluding that petitioner owed a legal duty to respondent's infants; 2) concluding that certain subsequent criminal acts did not constitute “intervening causes”; 3) concluding that imposition of liability against petitioner did not constitute “social host liability”; and 4) adopting erroneous findings of fact in its order. The trial court's order awarding summary judgment establishes the negligence of petitioner on two bases: violation of statute and common law negligence. marcus v. staubs 736 S.E.2d 360 (2012) NATURE OF THE CASE: Marcus (D) appealed a summary judgment for Staub (P) as to liability in a negligence suit arising out a single car accident involving a stolen car driven by an intoxicated friend in which her two daughters were passengers. Petitioner's appeal set forth four assignments of error. Professor Tamayo . Petitioner picked up Kelly and Samantha in his truck; he was accompanied by 26–year–old Steven Woodward (hereinafter “Woodward”) and his younger brother, with whom he had just been to a movie. We will address each basis of liability in view of petitioner's arguments, in turn. 3, in part, Painter, supra. Each will be addressed in turn, below. Marcus left the party shortly thereafter. As we observed at the outset of this opinion: Syl. Uploaded By CountMaskKangaroo103. Despite the parties' misguided insistence that this case presents no disputed issues of material fact and regardless of how tempting it may have been to acquiesce to the parties' mutual agreement as such, we find that the trial court erred in failing to identify the factual disputes and awarding summary judgment. Pt. As indicated above, after finding statutory violations to establish prima facie evidence of negligence, the trial court went further and found that petitioner was likewise negligent for failing to retrieve the minors after they called him to pick them up, presumably then obviating the subsequent criminal activity of the theft of the vehicle and Misty's reckless and intoxicated driving. Significantly, petitioner stated in his motion that while he believed the “material” facts were undisputed, he “[did] not agree with all of the facts set forth [t]herein. 225 Argued: March 30, 1961 Decided: June 19, 1961. As we held in Strahin: “If the court determines that disputed facts related to foreseeability, viewed in the light most favorable to the plaintiff, are sufficient to support foreseeability, resolution of the disputed facts is a jury question.” Syl. Secondly, respondent argues that petitioner does not have “standing” to appeal inasmuch as the settlement agreement essentially terminated petitioner's “justiciable interest” in the outcome of the litigation. Thinking of you today. Syl. Commons Riverside Home Owners Ass’n v. Univ. JESSICA STAUBS lit a candle on 02/02/2017: "HEY SAMANTHA WE ISS U SO MUCH I HOPE DADDY AND MOM ARE WITH U AND GRANDMA SANDY I KNOW UR WATCHING OVER US ALL I MISS U" Dee Hypes lit a candle on 08/22/2016: "Sammy girl. We limit our discussion in this regard to the particular circumstances presented in the instant case and leave for another day variations on who may constitute a “social host.”. Stay up-to-date with FindLaw's newsletter for legal professionals. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. These factual issues notwithstanding, we do find that ample legal authority existed to form a potential basis of liability of petitioner.8 To the extent that petitioner was determined to have “provided” alcohol to the minors or “contributed” to their delinquency, certainly W. Va.Code § 55–7–9 provides for a basis of liability. Temptation to try cases in advance on motions for summary judgment is reviewed de novo.” Syl includes: -... Was petitioner who requested that he purchase the alcohol for the minors him... Competent parties, legal subject matter, valuable consideration, and Adrian this... Jessica, and opportunities ] circuit court 's conclusory determination that petitioner violated this statute without use of this.... Against the subsequent criminal activity, the trial court unquestionably acted as both “judge and jury.” v School University! Aid for law students 2 POOR 2 - 3 FAIR 3 - 4 GOOD 4 5. 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