# SER Thornhill Group v. Charles E. King, Jr., Judge

> West Virginia Supreme Court · June 6, 2014 · 233 W. Va. 564

URL: https://www.frixlaw.com/law-library/cases/9799857

## Case

- **Full name:** STATE of West Virginia Ex Rel. THORNHILL GROUP, INC. and Wally L. Thornhill, Petitioners v. Charles E. KING, Jr., Judge of the Circuit Court of Kanawha County and George A. Roberts, Respondents
- **Court:** West Virginia Supreme Court
- **Decided:** June 6, 2014
- **Citations:** 233 W. Va. 564; 759 S.E.2d 795; 2014 W. Va. LEXIS 648; 2014 WL 2572874
- **Precedential status:** Published
- **Opinion:** Concurrence by Ketchum
- **Judges:** Loughry, Ketchum, Therefore
- **Nature of suit:** Writ Application-Other
- **Cited by:** 51 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/9799857

## Opinion text

Justice KETCHUM,
concurring:
Our venue statute; W.Va.Code § 56-1-1 mandates that a civil suit shall be brought where the individual defendant resides, where a corporate defendant has a principal place of business or where the cause of action arose. The statute prevents forum shopping.
I would overrule all our cases which indicate in a breach of contract suit that the place of contract formation, breach and damages may be considered in determining venue. These cases misconstrue the statute and may allow the plaintiff a choice of forums not allowed by our venue statute.
I do agree with the result in this case.
Therefore, I concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9799857. Public record. Not legal advice.