# Marcus v. Staubs ex rel. Staubs

> West Virginia Supreme Court · November 15, 2012 · 230 W. Va. 127

URL: https://www.frixlaw.com/law-library/cases/8182742

## Case

- **Full name:** Jonathan Ray MARCUS, Below v. Lori Ann STAUBS, as mother and next friend of Jessica Lynn Staubs, and as Administratrix of the Estate of Samantha Nichole Dawn Staubs, Below
- **Court:** West Virginia Supreme Court
- **Decided:** November 15, 2012
- **Citations:** 230 W. Va. 127; 736 S.E.2d 360; 2012 W. Va. LEXIS 827
- **Precedential status:** Published
- **Opinion:** Concurrence by Benjamin
- **Judges:** Benjamin, File, Reserves, Right
- **Cited by:** 18 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8182742

## How later opinions describe it (automated extraction)

- holding that questions of negligence and proximate cause are generally for a jury “where the evidence is conflicting or when the facts, thought undisputed, are such that reasonable men draw different conclusions from them.”
- finding damages issue ministerial where amount had been fixed by agreement of the parties upon a finding of liability

## Opinion text

BENJAMIN, J.,
concurring:
(Filed Dec. 7, 2012)
I write separately raising concern that the majority opinion, which reaches a satisfactory result in remanding this case for further development of the facts, has risen to the level of an advisory opinion. This is appar *143 ent from phrases such as “these factual issues notwithstanding, we do find that ample legal authority existed to form a potential basis of liability of petitioner,” and the “proper management of the legal and factual issues presented.” Essentially the majority sets forth, unnecessarily, a course by which the petitioner could be deemed responsible for the wrongful death of Samantha Nichole Dawn Staubs. Prejudging foreseeability and intervening causation is simply not within the proper province of this Court at this point in the proceedings.
We have previously acknowledged that this Court is not constituted for the purpose of issuing advisory opinions. 1 While I agree with the result reached, I believe that the majority opinion goes beyond what is necessary and proper for this Court to do in deciding the issue before us. For this reason, I respectfully concur with the majority opinion.
. In Huston v. Mercedes-Benz USA, LLC, 227 W.Va. 515 , 711 S.E.2d 585 (2011), we discussed the impermissibility of rendering advisory opinions when declining to answer a question certified by the circuit court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8182742. Public record. Not legal advice.