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marcus v staubs

]” Syl. Petitioner picked up Kelly and Samantha in his truck; he was accompanied by 26–year–old Steven Woodward (hereinafter “Woodward”) and his younger brother, with whom he had just been to a movie. Kelly testified that petitioner was not involved in the conversation about obtaining alcohol, said very little during the trip, and that he “may” have been on his cell phone at some point. Petitioner counters this basis for establishing a common law duty by wielding the generality expressed in Miller, 193 W. Va. at 266, 455 S.E.2d at 825 (1995) that “a person does not have a duty to protect others from the deliberate criminal conduct of third parties.”. 545 (1928) Summers v. DooleyIdaho Sup. 11.  On remand, these factual issues must be determined via bench or jury trial. Pt. 223 f: f: Delaney v. Reynolds Appeals Court of Massachusetts, Worcester, 2005 63 Mass. Pt. 3, in part, Painter, supra. Please enable JavaScript in your browser settings, or use a different web browser like Google Chrome or Safari. BAD 1 - 2 POOR 2 - 3 FAIR 3 - 4 GOOD 4 - 5. Pt. View the profiles of people named Marcus Staub. Accordingly, we find that the trial court's conclusory determination that petitioner was guilty of common law negligence, was error. Respondent likewise took the position that the material facts were undisputed. Syl. The issue section includes the dispositive legal issue in the case phrased as a question. Id. Pt. Pt. Google Chrome, at 185, 603 S.E.2d at 207. First, respondent argues that the settlement agreement did not provide for a right of appeal to either party and that therefore, petitioner's right to appeal was effectively waived. Marcus left the party shortly thereafter. Accordingly, we analyze the terms of the PSA under West Virginia contract law to determine if Patricia waived her beneficiary interest in the proceeds of Frank’s life insurance policy. 2.  Respondent also named Misty, Woodward, Leroy Ziegenfuss (Misty's father), Mack Jenkins (owner of the stolen truck who was subsequently dismissed), and State Farm Mutual Automobile Insurance Company in her complaint. In late 2010, Nationwide and respondent agreed that the default against petitioner would be set aside in exchange for an agreement which made certain provisions for settlement depending on the outcome of a liability determination as to petitioner. pt. 471 F. Supp. Thereafter, Woodward was charged with eight counts of contributing to the delinquency of a minor and pled guilty to one count. Petitioner next argues that even assuming a legal duty existed and that petitioner was guilty of negligence, there were sufficient intervening criminal acts which negated proximate cause. If the parties desired to avoid a jury trial, it was within their rights to seek a bench trial of the case; however, summary judgment is not a substitute for adjudication through the bench.11 A trial court is not permitted to “try” a case under the auspices of summary judgment for reasons that are best demonstrated by the unfortunate convolution of issues presented herein.12. does not constitute a determination that there is no issue of fact to be tried and if a genuine issue of material fact is involved both motions should be denied.’ Syl. We note first that the principle relied upon by petitioner is merely dicta as set forth in Miller. The order states “[t]he Court finds that the facts of this tragic case are not in dispute.”3 The trial court then made the following findings: (1) that petitioner had a duty to both plaintiffs to “obey the law,” and that through his role in obtaining the alcohol, he had violated two statutes—W. Both petitioner's and respondent's arguments as to this portion of the first assignment of error smack of closing argument and summarily dismiss squarely contradictory evidence. We find that the facts of this case are inapposite to the concept of “social host liability.” Even under petitioner's definition of a social host as one who “furnishes alcoholic beverage without remuneration,” he clearly does not qualify. 5, Courtney v. Courtney, 186 W Va. 597, 413 S.E.2d 418 (1991). Both were passengers in a vehicle stolen and driven by 14–year–old Misty Johnson (hereinafter “Misty”), who was intoxicated. The email address cannot be subscribed. Your Name: For example, type "312312..." and then press the RETURN key. Univ. Pt. This Court has likewise cautioned that “[t]he circuit court's function at the summary judgment stage is not to weigh the evidence and determine the truth of the matter, but is to determine whether there is a genuine issue for trial.” Syl. In her response brief, respondent raises two arguments neither of which were raised below, nor were they cross-assigned as error. 11–0994. 3, Hartley v. Crede, 140 W. Va. 133, 82 S.E.2d 672 (1954).” Syllabus Point 4, Haddox v. Suburban Lanes, Inc., 176 W. Va. 744, 349 S.E.2d 910 (1986). Petitioner/defendant Jonathan “Ray” Marcus (hereinafter “petitioner”) appeals the Circuit Court of Jefferson County's May 25, 2011, order granting summary judgment in favor of respondent/plaintiff Lori Ann Staubs, next friend of Jessica Lynn Staubs and Administratrix of the Estate of Samantha Nichole Dawn Staubs, on the issue of liability. 5, Aikens v. Debow, 208 W. Va. 486, 541 S.E.2d 576 (2000). FILED . Pt. At the outset of this opinion, we began our analysis with the oft-quoted directive of this Court that “[t]he circuit court's function at the summary judgment stage is not to weigh the evidence and determine the truth of the matter[. When interpreting a contract, courts must The trial court found that there were no material issues of fact and concluded, as a matter of law, that: 1) petitioner was at least one percent negligent; and 2) infant Jessica Staubs was less than fifty percent negligent. 10, Harbaugh v. Coffinbarger, 209 W. Va. 57, 543 S.E.2d 338 (2000). The trial court seemingly attempted to use the “concerted action” doctrine—a criminal concept—as further proof that petitioner violated W. Va.Code § 11–16–19(c). It is with these guiding principles in mind that we address petitioner's assignments of error. Sign up for a free 7-day trial and ask it. Pt. Pt. Hughes v. Lord Advocate Marcus v. Staubs Delaney v. Reynolds Derdiarian v. Felix Contracting Corp. Ventricelli v. Kinney System Rent A Car, Inc. Marshall v. Nugent Chapter Nine. After picking up Kelly and Samantha, petitioner proceeded to drive across the West Virginia/Virginia line to a convenience store called “Sweet Springs.” Both petitioner and Woodward testified that they had previously planned to visit the convenience store so Woodward could purchase alcohol. marcus v. staubs 736 S.E.2d 360 (2012) NATURE OF THE CASE: Marcus (D) appealed a summary judgment for Staub (P) as to liability in a negligence suit arising out a single car accident involving a stolen car driven by an intoxicated friend in which her two daughters were passengers. Respondent counters with an equal number of cases from jurisdictions which have imposed social host liability where alcohol was illegally provided to minors, arguing that the key to social host protection is the presumption that the alcohol is provided legally. Read our student testimonials. This Court found that existence of duty is in fact one for the court, but that in making such a determination, the court must leave room for the fact-finder to determine the issue of foreseeability: “This test [of existence of a duty] obviously involves a mix of legal and factual determinations which must be made regarding foreseeability in relation to duty in negligence cases.” Id. Minutes later, the vehicle hit an embankment, killing Samantha and injuring Jessica. Become a member and get unlimited access to our massive library of In response, respondent adopts the summary finding of the trial court which concluded that petitioner was not a “social host” and the minors were not his “guests.” Moreover, the trial court noted that “[t]he social host protection provided by the law presumes lawful consumption of alcohol.”. Significantly, petitioner stated in his motion that while he believed the “material” facts were undisputed, he “[did] not agree with all of the facts set forth [t]herein. Cancel anytime. Clearly, both Overbaugh and Miller would support a legal conclusion that to the extent Marcus affirmatively facilitated the purchase of alcohol, creating a risk of harm to the minors, he was under a duty to exercise reasonable care to prevent reasonably foreseeable harm. 2, Id. Ct. 239 Pg. Jonathan Ray MARCUS, Defendant Below, Petitioner v. Lori Ann STAUBS, as mother and next friend of Jessica Lynn Staubs, and as Administratrix of the Estate of Samantha Nichole Dawn Staubs, deceased, Plaintiff Below, Respondent. Va.Code § 11–16–19(c) (Repl.Vol.2010) and W. Va.Code § 49–7–7 (Repl.Vol.2009);4 (2) that by virtue of his violation of these statutes, he was prima facie negligent; (3) that by refusing to pick the girls up later in the evening at their request, he was guilty of common law negligence; (4) that his negligence was a proximate cause of the accident; (5) that Misty's actions in stealing the vehicle, driving without a license, and driving intoxicated were not intervening causes; (6) that by imposing liability on petitioner, the court was not imposing “social host” liability, as argued by petitioner; (7) that Jessica Staubs, as a 13–year–old, was not guilty of contributory negligence;5 and (8) as a result of the foregoing, petitioner was liable to respondent. Stay up-to-date with FindLaw's newsletter for legal professionals. law school study materials, including 801 video lessons and 5,200+ Nevertheless, we address them briefly herein to clarify the proper framework for such arguments. (emphasis added). Samantha and Jessica’s mother, Lori Ann Staubs (plaintiff), filed suit against Marcus and others for negligently providing alcohol to the minor females. Photos | Summary | Follow. 10.  While we recognize that in order to effectuate the finding of “liability against Marcus” as required under the Settlement Agreement, the trial court felt compelled to determine that petitioner was at least one percent negligent and that Jessica was not at least fifty percent negligent, we note that the necessity of such a finding should have signaled the trial court that summary judgment was clearly an inappropriate means of resolving this matter. Misty and Samantha began calling friends to find someone to give them a ride to another location. Pt. There can be no contract if there is one of these essential elements upon which the minds of the parties are not in agreement.” Syl. Therefore, we find the trial court's award of summary judgment improperly invaded the province of the fact-finder in determining whether petitioner's alleged actions were the proximate cause of the accident at issue and whether the subsequent criminal actions constituted intervening causes and, as such, was error. Pt. 8.  However, we do find that the trial court's attempt to utilize a criminal concept to buttress its contention that petitioner was in violation of W. Va.Code § 11–16–19(c) was misplaced. briefs keyed to 223 law school casebooks. Petitioner/defendant Jonathan "Ray" Marcus (hereinafter "petitioner") appeals the Circuit Court of Jefferson County's May 25, 2011, order granting summary judgment in favor of respondent/plaintiff Lori Ann Staubs, next friend of Jessica Lynn Staubs and Administratrix of the Estate of Samantha Nichole Dawn Staubs, on the issue of liability. Marcus v. Staubs, 736 S.E.2d 360, 374 (W. Va. 2012). The girls and their :friends . Petitioner further argues that the testimony suggesting the minors called him later that evening to be picked up is speculative, at best. Petitioner's final assignment of error serves as a “catch-all” assignment of error arguing, again, that the trial court made erroneous findings of fact in support of its award of summary judgment to respondent and improperly weighed the evidence. First, petitioner argues that the undisputed material facts do not support a finding of negligence against petitioner under any theory of liability—violation of statute or common law duty. Internet Explorer 11 is no longer supported. Petitioner first argues that the trial court erred in finding him negligent because he did not owe a legal duty to the respondent's minors. No contracts or commitments. There is, nevertheless, a civil counterpart to this doctrine which could be utilized to affix liability in addition to the theories advanced herein. Secondly, and more importantly, petitioner ignores the remainder of the discussion in Miller, which indicates that there are exceptions to this generality for instances where (1) there is a “special relationship” which gives rise to a duty or (2) “when the person's affirmative actions or omissions have exposed another to a foreseeable high risk of harm from the intentional misconduct.” Id. Criminal or Civil Court records found on Marcus's Family, Friends, Neighbors, or Classmates View Details. Pt. Firefox, or Marcus v. Staubs Supreme Court of Appeals of West Virginia, 2012 736 S.E.2d 360 Pg. Pt. Marcus e-shop Oravský Podzámok : Zaoberáme sa distribúciou ochranných pracovných pomôcok a stavebného náradia. Moreover, with respect to the propriety of an award of summary judgment, this Court has held that. The girls then retreated to Adrian's house, where they began drinking the alcohol, as well as vodka from Adrian's house. Delaney v. Reynolds He argues that the only “credible” evidence suggests that petitioner was an unwitting chauffeur without any knowledge of or participation in the alleged plan to purchase alcohol for the minors. The trial court's order awarding summary judgment establishes the negligence of petitioner on two bases: violation of statute and common law negligence. We’re not just a study aid for law students; we’re the study aid for law students. You can try any plan risk-free for 30 days. In particular, petitioner takes issue with the trial court's finding that he was a “known party boy.” More significantly, petitioner alleges that the trial court erred in finding that Jessica, as an infant under the age of 14, was not guilty of contributory negligence and in assigning petitioner a percentage of negligence.10 As is apparent from the foregoing discussion, given the trial court's unmistakable intrusion into the province of the fact-finder and our remand on those issues, we find it unnecessary to specifically address each of these contentions. The money was for cigarettes, having refused to buy the girls could not stay the night, 133 710... And proceeded to drive Samantha and Jessica determined by the trial court affix. Accordingly, we address counter-arguments raised by respondent all of which were raised below, v. &... Massachusetts, Worcester, 2005 63 Mass acts of multiple tortfeasors converge, issues of concurrent negligence and causation. 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