# Rosier v. Garron, Inc.

> West Virginia Supreme Court · July 17, 1973 · 156 W. Va. 861

URL: https://www.frixlaw.com/law-library/cases/8180383

## Case

- **Full name:** Lona Rosier, Adm'rx, etc. v. Garron, Inc.
- **Court:** West Virginia Supreme Court
- **Decided:** July 17, 1973
- **Citations:** 156 W. Va. 861; 199 S.E.2d 50; 1973 W. Va. LEXIS 282
- **Precedential status:** Published
- **Opinion:** Concurrence by Berry
- **Judges:** Berry, Neely
- **Cited by:** 71 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled on other grounds by Bradshaw v. Soulsby, 210 W. Va. 682 (2001).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8180383

## How later opinions describe it (automated extraction)

- 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…
- finding that a foreign administratrix lacked the capacity to sue under W. Va.Code 55-7-6 (1967)

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8180383. Public record. Not legal advice.