In 2015, the West Virginia Legislature passed West Virginia Code Section 55-7-13d, which seeks to prevent defendants from paying in excess of their share of fault by requiring the trier of fact to consider the fault of all who contributed to a plaintiff’s injury, “regardless of whether the [nonparty] was or could have been named as a party to the suit.” Since the statute took effect in 2016, questions have arisen regarding whether nonparties that are immune from suit may be placed on a verdict form in West Virginia cases.
On March 21, 2022, the Supreme Court of Appeals of West Virginia resolved this question in State ex rel. March-Westin Company, Inc. v. Gaujot. The case arose after a county employee was injured while assisting a general contractor. After resolving his workers’ compensation claim, the employee sued the general contractor. Believing that the county commission was wholly or partially at fault for the employee’s injuries, the general contractor filed a notice of nonparty fault. The circuit court granted the employee’s motion to strike, concluding that fault could not be assigned to the county commission and, even if such fault could be assigned, the general contractor had failed to allege deliberate intent on the part of the county commission. The general contractor petitioned the Supreme Court of Appeals of West Virginia for a writ prohibiting the circuit court from enforcing its order to strike and directing that the county commission be included on the...
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