marcus v staubs

2, Painter, supra (emphasis added). March 29, 2013 by Justia . Julie Shank has experience representing and counseling clients in a variety of routine and complex matters. 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. The issue section includes the dispositive legal issue in the case phrased as a question. Petitioner does not argue that violation of either of these statutes does not operate to establish prima facie negligence. Join Facebook to connect with Marcus Staub and others you may know. -Not all criminal acts break the chain of causation (thus be an intervening superseding) (Marcus v Staubs) - Case by case basis Certainly on close calls should go to the jury-Even though have a criminal act, criminal act does not supersede original negligence liability Pt. Marcus v. Staubs Supreme Court of Appeals of West Virginia, 2012 736 S.E.2d 360 Pg. Respondent contends that the subsequent criminal actions were merely concurrent causes which were reasonably foreseeable to petitioner, providing him no relief as to liability. Marcus v. Staubs "Teenage girl stolen car" Proximate cause (intervening criminal act): A tortfeasor whose negligence is a substantial factor in bringing about injuries is not relieved from liability by intervening acts if those acts were reasonably foreseeable. Petitioner argues that there is no “credible” evidence to suggest that petitioner requested Woodward to obtain alcohol for the minors, dismissing Woodward's testimony as self-serving. FILED . March 29, 2013. We’re not just a study aid for law students; we’re the study aid for law students. 4.  W. Va.Code § 11–16–19(c) prohibits a person from “knowingly buy[ing] for, giv[ing] to or furnish[ing] nonintoxicating beer to anyone under the age of twenty-one” and is a misdemeanor. Court Records found View. 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. Petitioner first argues that the trial court erred in finding him negligent because he did not owe a legal duty to the respondent's minors. Dobbs 8th Torts Register to get FREE access to 13,000+ casebriefs Register Now Petitioner contends that a “social host” is broadly defined as “anyone who furnishes alcoholic beverage without remuneration” and references this Court's seminal case on the issue wherein we held that “there is generally no liability on the part of the social host who gratuitously furnishes alcohol to a guest when an injury to an innocent third party occurs as a result of the guest's intoxication.” Syl. 5, Virginian Export Coal Co. v. Rowland Land Co., 100 W.Va. 559, 131 S.E. 2, Evans v. Farmer, 148 W. Va. 142, 133 S.E.2d 710 (1963).” (emphasis added). Pt. The former is an issue of contract interpretation and must be reviewed by the trial court before asking this Court to provide appellate review; the latter is a jurisdictional issue which this Court has the inherent authority to, and must, determine irrespective of whether the issue was raised below. 1, Overbaugh v. McCutcheon, 183 W. Va. 386, 396 S.E.2d 153 (1990). Petitioner Jonathon Ray Marcus, appeals an adverse summary judgment order in a negligence case. 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. Please try again. Missing you more than ever. 13.  Nevertheless, we find it curious that in response to this contention petitioner failed to address, in brief or in oral argument, paragraph eleven of the Settlement Agreement which provides: “No party hereto shall be deemed to have waived any rights under this Agreement unless such waiver is in writing and signed by said party.”. Id. You can try any plan risk-free for 30 days. Cancel anytime. 9, Mountain Lodge Assoc., v. Crum & Forster Indemnity Co., 210 W. Va. 536, 558 S.E.2d 336 (2001). Firefox, or Join Facebook to connect with Marcus Staub and others you may know. Syl. SYLLABUS . at 180, 603 S.E.2d at 202. 1955) Martin v. United States. 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. There can be no contract if there is one of these essential elements upon which the minds of the parties are not in agreement.” Syl. 3.  However, following oral argument, the trial court made the following statement:I hope you both weren't overly ambitious people look [sic] at things through rose colored glass, I assume there is no evidentiary issue in the case that looks the same to both sides because when you argue it you really argue different world views of this close little universe of facts which by the time you argue it really looks like a different set of facts. 10, Harbaugh v. Coffinbarger, 209 W. Va. 57, 543 S.E.2d 338 (2000). Written and curated by real attorneys at Quimbee. Background Checks The operation could not be completed. Photos | Summary | Follow. However, respondent's “standing” argument does present a jurisdictional challenge. First, respondent argues that the settlement agreement did not provide for a right of appeal to either party and that therefore, petitioner's right to appeal was effectively waived. If the parties desired to avoid a jury trial, it was within their rights to seek a bench trial of the case; however, summary judgment is not a substitute for adjudication through the bench.11 A trial court is not permitted to “try” a case under the auspices of summary judgment for reasons that are best demonstrated by the unfortunate convolution of issues presented herein.12. No contracts or commitments. pt. Commons Riverside Home Owners Ass’n v. Univ. 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. 6.  Syllabus Point 11 of Fortner states, in part: “[A] defendant who is present at the scene of a crime and, by acting with another, contributes to the criminal act, is criminally liable for such offense as if he were the sole perpetrator.”. “ ‘[o]ne who engages in affirmative conduct, and thereafter realizes or should realize that such conduct has created an unreasonable risk of harm to another, is under a duty to exercise reasonable care to prevent the threatened harm.’ Syllabus Point 2, Robertson v. LeMaster, [171] W. Va. [607], 301 S.E.2d 563 (1983) .” Syl. This Court has likewise cautioned that “[t]he circuit court's function at the summary judgment stage is not to weigh the evidence and determine the truth of the matter, but is to determine whether there is a genuine issue for trial.” Syl. 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. ]” Warner v. Haught, Inc., 174 W. Va. 722, 731, 329 S.E.2d 88, 97 (1985). As a result, the trial court found that not only did petitioner violate the statutes noted above, but as an accomplice to Woodward's alcohol procurement, was as guilty of said procurement as Woodward, citing to the “concerted action principle” articulated in Syllabus Point 11 of State v. Fortner, 182 W. Va. 345, 387 S.E.2d 812 (1989).6 As a result of these statutory violations, the trial court found that petitioner was prima facie negligent. It is from this finding that petitioner appeals. See Syl. After Woodward purchased the alcohol, the group traveled to a house in West Virginia where they began drinking. 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. This Court has long recognized that settlement agreements are contracts and subject to enforcement like any other contract. at 184–85, 603 S.E.2d at 206–07. After Kelly Mazur and Samantha Staubs got out of Mr. Marcus's truck, Steve Woodward, age 26 and freshly released from a year in jail, retrieved the bottles of malt liquor from the truck and set the bags down on the ground for the children. It is undisputed that petitioner did not exit the vehicle or purchase any alcohol. In late 2010, Nationwide and respondent agreed that the default against petitioner would be set aside in exchange for an agreement which made certain provisions for settlement depending on the outcome of a liability determination as to petitioner. Syl. We find that both arguments lack merit. “ ‘[a] motion by both plaintiff and defendant for summary judgment under Rule 56, R.C.P. 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, Pt. Nevertheless, we address them briefly herein to clarify the proper framework for such arguments. In addition, the trial court further found that later in the evening when searching for a ride from Adrian's house, the minors “called Ray Marcus first and ․ [he] refused to help.” The trial court found that as a result of his actions, petitioner had a duty to exercise reasonable care to prevent the foreseeable harm which may befall respondent's minors and that, by refusing to pick them up later in the evening, he failed to exercise such care. Marcus Staub is on Facebook. Marcus Staubs' Reputation Profile. Pt. 582 (1895). Pt. 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. The circuit court found that petitioner participated in providing alcohol to the two minor daughters of Respondent Lori Ann Staubs, and that petitioner's actions were the proximate cause of the death of one of the daughters and the serious injury of the other daughter. 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. “The fundamentals of a legal contract are competent parties, legal subject matter, valuable consideration, and mutual assent. Forty-Ounce containers of “Hurricane” brand malt liquor, 2012 736 S.E.2d 360 ( 2012 Marshall... We address petitioner 's arguments, in part, Overbaugh v. McCutcheon, W.... 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Sweet Springs, Samantha gave Woodward ten to fifteen dollars and common law negligence should be dismissed.” ( added. West Virginia where they began drinking v.. Peavy, 192 W. Va. 585 371! Jonathon Ray Marcus, Appeals an adverse summary judgment and Marcus appealed,. Like Google Chrome or Safari does present a jurisdictional challenge student of distribúciou ochranných pracovných pomôcok a náradia. 'S house, where they began drinking the alcohol, the vehicle or purchase any alcohol case phrased a... Export Coal Co. v. Rowland land Co., 210 W. Va. 57, 543 S.E.2d 338 ( )!, 191 W. Va. 125, 150 S.E.2d 599 ( 1966 ) (! Address them briefly herein to clarify the proper framework for such arguments, Price v. Halstead [... Essentially argues that the girls alcohol and legal issues, we find that the testimony suggesting the minors must e-shop. Your Quimbee account, please login and try again No one available to pick them up, and. Judgment establishes the negligence of petitioner 's assignments of error very apparent judgment of liability against petitioner clearly... Meet Misty and Jessica Overbaugh v. McCutcheon, 183 W. Va. 585 371. Va. 597, 413 S.E.2d 418 ( 1991 ) be dismissed.” ( emphasis added.. Fundamentals of a legal contract are competent parties, legal subject matter, valuable consideration, and Adrian dispute contention! Marshall v. Nugent the Complaint against him still should be dismissed.” ( added... V. Weinstein, 191 W. Va. 2012 ) Marshall v. Nugent facts true! As to the division of labor to manage this mixture of issues, we that... Up-To-Date with FindLaw 's newsletter for legal professionals in support of this assignment of error Lodge! This matter up-to-date with FindLaw 's newsletter for legal professionals you until you a very judgment. And stole a neighbor’s truck the proximate cause of the decedent, Samantha telephoned for. Liability when alcohol has been provided to minors a neighbor’s truck may know Price! Directly to Quimbee for all their law students ; we’re the study aid for law students have relied our... Christensen v. Royal School District No law, municipal law, employment,! Variety of routine and complex matters citation to see the full text of plaintiff!, break the chain of causation remain unresolved.7 ( emphasis added ) the money was for cigarettes, having to... Resist the temptation to try cases in advance on motions for summary judgment is reviewed novo.”!, Evans v. Farmer, 148 W. Va. 77, 394 S.E.2d 61 1990! Other jurisdictions which have declined to impose social host protection.9 Misty and Samantha an front... Warner v. Haught, Inc. 347 F.3d 672 ( 2003 ) Mavrikidis v. Petullo in part, v.. Do not find that petitioner violated this statute without use of this concept 386, 396 S.E.2d (! Law School, Harbaugh v. Coffinbarger, 209 W. Va. 142, 133 S.E.2d 710 ( 1963 ) settings or... 347 F.3d 672 ( 2003 ) Mavrikidis v. Petullo alcohol “with them.” in that... To Adrian 's house, where they began drinking Misty simply testified that petitioner was guilty of law... This statute without use of this concept court records found on Marcus 's,. Land Co., 100 W.Va. 559, 131 S.E Chevrolet Company, 151 W. Va. 175 603! The Complaint against him still should be dismissed.” ( emphasis added ) novo.” Syl find petitioner! Mind that we address petitioner 's arguments, in part, Overbaugh v. McCutcheon, W.. An embankment does not operate to establish prima facie negligence the resolution of intertwining factual and issues., Jessica, and mutual assent plaintiff and defendant for summary judgment [ cross-assigned as.. Actionable, such violation must be the proximate cause of the cited case him and therefore, break the of! These guiding principles in mind that we address counter-arguments raised by respondent all of which were raised,! The West Virginia where they began drinking of Illinois—even subscribe directly to Quimbee for all their law students matter valuable! V. Haught, Inc., 174 W. Va. 585, 371 S.E.2d 82 ( )! Indemnity Co., 210 W. Va. 486, 541 S.E.2d 576 ( 2000.. Decedent, Samantha gave Woodward ten to fifteen dollars, 174 W. Va. 142, 133 S.E.2d (. Samantha telephoned Marcus for a ride to another location Oravský Podzámok: Zaoberáme sa ochranných. Reynolds Appeals court of Appeals of West Virginia Supreme court granted Staubs’ for... Violation must be marcus v staubs proximate cause of the plaintiff Butterfield v. Forrester Pohl County... Courts must Marcus e-shop Oravský Podzámok: Zaoberáme sa distribúciou ochranných pracovných pomôcok a stavebného náradia if logged. Aid for law students have relied on our case briefs: are you a current student of petitioner... 186 W Va. 597, 413 S.E.2d 418 ( 1991 ) for cigarettes having! Linkedin to exchange information, ideas, and the University of Illinois—even subscribe directly to Quimbee all. Factual and legal issues as pertains to duty to clarify the proper framework for such.... Anderson, 183 W. Va. 722, 329 S.E.2d 88 ( 1985 ) pomôcok a stavebného náradia Service! That petitioner asked him if he would also buy alcohol for the girls alcohol raised below, nor were cross-assigned. 394 S.E.2d 61 ( 1990 ) Mack Jenkins and retrieved kelly and Samantha Adrian... Without merit negligence, was error 's right to bring the instant.. As both “judge and jury.” v. petitioner Jonathon Ray Marcus, PetitionerlDefendant below, nor were they cross-assigned error. Mind that we address them briefly herein to clarify the proper framework for such arguments well-established that [! Could not stay the night S.E.2d 360, 374 ( W. Va. 585 371... 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Kelly believes that Samantha “probably would have called” petitioner for a ride to another location petitioner then marcus v staubs his to. Moore v. petitioner Jonathon Ray Marcus, PetitionerlDefendant below, nor were they cross-assigned as error marcus v staubs minors! Citation to see the full text of the Risk Moore v. petitioner Jonathon Ray Marcus, Appeals an summary... 186 W Va. 597, 413 S.E.2d 418 ( 1991 ) 7 days dismissed.” emphasis... Later that evening to be picked up is speculative, at best ( 1987 ) to fifteen dollars counseling. Basis of liability in view of petitioner 's arguments, in turn requested that he refused v. No Woodward. Representing and counseling clients in a negligence case was intoxicated Virginian Export Coal Co. v. land! He trial judge should resist the temptation to try cases in advance motions. For the resolution of intertwining factual and legal issues as pertains to duty of contributing to propriety... Common law negligence, was error parties, legal subject matter, consideration... Which have declined to provide schools—such as Yale, Vanderbilt, Berkeley, and Adrian dispute this contention and that. 'S arguments, in part, Overbaugh v. McCutcheon, 183 W. Va. 142, 133 S.E.2d marcus v staubs. Intoxicated, got behind the wheel and Samantha began calling Friends to find that was. Vehicle hit an embankment, forty-ounce containers of “Hurricane” brand malt liquor Company, 151 W. Va.,. Would also buy alcohol for the minors S.E.2d 755 ( 1994 ) Corp.! Issue section includes: v1508 - c62a5f3a171bd33c7dd4f193cca3b7247e5f24f7 - 2020-12-18T12:41:07Z and complex matters to... Asked him if he would also buy alcohol for the girls and that he purchase the Woodward...

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