Opinion

SER Ford Motor Co. v. Hon. David W. Nibert, Judge

  • 235 W. Va. 235
  • 773 S.E.2d 1
  • 2015 W. Va. LEXIS 252
Court
West Virginia Supreme Court
Filed
Apr 9, 2015
Status
Separate
Author
Ketchum
On the bench
Workman, Benjamin, Loughry, Ketchum
Nature of suit
Writ Application-Other
Cited by
10 cases

remanding based on trial court’s failure to recognize that Abbott was superseded by enactment of W.Va. Code § 56-1-1a

How later courts described this case

  • remanding based on trial court’s failure to recognize that Abbott was superseded by enactment of W.Va. Code § 56-1-1a
  • applying de novo review where, as here, petitioners asked this Court to decide whether the trial court "erroneously based its decision on the Abbott 1 case”
  • describing West Virginia forum non con-veniens statute, which adopts test similar to that in Gulf Oil
  • Prohibition is an appropriate remedy in a forum non conveniens dispute because the potential unfairness to a litigant in a pending action renders an appeal inadequate.

Written by the judges who cited it.

The opinion

Justice KETCHUM,

concurring:

I agree that this ease should be remanded for the trial judge to make specific findings of fact and conclusions of law as required by West Virginia Code § 56-l-l(e).

My reading of the record, West Virginia Code § 56-1-1, and our case law lead me to believe, without any doubt, that the proper forum is Michigan. Nevertheless, the trial judge may have seen something I missed and should be allowed to make specific findings and conclusions before this Court rules.

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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