Opinion

Rosier v. Garron, Inc.

  • 156 W. Va. 861
  • 199 S.E.2d 50
  • 1973 W. Va. LEXIS 282
Court
West Virginia Supreme Court
Filed
Jul 17, 1973
Status
Published
Author
Berry
On the bench
Berry, Neely
Cited by
71 cases

Overruled on other grounds by Bradshaw v. Soulsby, 210 W. Va. 682 (2001)

holding that “motions to amend should always be granted under Rule 15 when: (1) the amendment permits the presentation of the merits of the action; (2) the adverse party is not prejudiced by the sudden assertion of the subject of the amendment; and (3) the adverse party can be given ample opportunity to meet the issue”

How later courts described this case

  • holding that “motions to amend should always be granted under Rule 15 when: (1) the amendment permits the presentation of the merits of the action; (2) the adverse party is not prejudiced by the sudden assertion of the subject of the amendment; and (3) the adverse party can be given ample opportunity to meet the issue”
  • finding that a foreign administratrix lacked the capacity to sue under W. Va.Code 55-7-6 (1967)
  • "the two-year limitation upon the bringing of an action for wrongful death is an integral part of the statute itself and creates a condition precedent to the bringing of an action which bears no relationship to statutes of limitation”
  • Justices Berry, Caplan, Haden and Sprouse concurring

Written by the judges who cited it.

Later courts went against this

  • Overruled on other grounds by Bradshaw v. Soulsby, 210 W. Va. 682 (2001)

    156 W.Va. 861 , 199 S.E.2d 50 (1973), overruled on other grounds by Bradshaw v. Soulsby , 210 W.Va. 682 , 558 S.E.2d 681
    West Virginia Supreme CourtDec 12, 20014 citing opinionsother groundsRead it

The opinion

Berry, Chief Justice,

concurring:

I concur with the decision in this case as indicated in the first part of the opinion of the Court, but disagree with the propriety of some of the dissertation in the latter part of the opinion regarding procedural formalism, stability of the rule of law and the obligations of counsel to his clients. In the main, such discourse was not necessary for the decision of this certified case and in some instances was not applicable to the questions involved.

I am authorized to state that Justices Caplan, Haden and Sprouse join in this concurrence.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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