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

> West Virginia Supreme Court · April 9, 2015 · 235 W. Va. 235

URL: https://www.frixlaw.com/law-library/cases/9806782

## Case

- **Full name:** STATE of West Virginia Ex Rel. FORD MOTOR COMPANY; Jack Garrett Ford, Inc., a West Virginia Corporation; And Does 1-50 Inclusive, Petitioners v. the Honorable David W. NIBERT, Judge of the Circuit Court of Roane County; And Christie Siegel, Individually and as Successor-In-Interest to the Estate of Jordan Siegel and Ashley Siegel, Deceased; Marc Siegel, Individually and as Successor-In-Interest to the Estate of Jordan Siegel and Ashley Siegel, Deceased; Dawn Siegel, an Individual; Erica Fox, an Individual; Christopher Fox, an Individual; Brooklyn Siegel, by and Through Her Guardian Marc Siegel; And Madison Owens, by and Through Her Guardian, Dawn Siegel, Respondents
- **Court:** West Virginia Supreme Court
- **Decided:** April 9, 2015
- **Citations:** 235 W. Va. 235; 773 S.E.2d 1; 2015 W. Va. LEXIS 252
- **Precedential status:** Separate
- **Opinion:** Concurrence by Ketchum
- **Judges:** Workman, Benjamin, Loughry, Ketchum
- **Nature of suit:** Writ Application-Other
- **Cited by:** 10 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/9806782

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9806782. Public record. Not legal advice.