Legal Opinion · Dissent

Sipple v. Starr

West Virginia Supreme Court

Decided July 20, 1999No. 25798Published

1DissentDavis, Justice

(Filed July 20, 1999)

This was a simple and routine summary judgment case that has turned into a litigation nightmare. In this case, Sipple sought to hold Petroleum Products, Inc. (hereinafter “PPI”), a supplier of gasoline, liable for the death of her son, solely upon the basis that PPI distributed gasoline through the store in which her son was killed. Under the majority decision today, distribution of gasoline is all that is needed to establish a joint venture. Such a finding is contrary to the law. A joint venture requires a combination of property and skill to create a business entity,…

2Cases cited8 opinions

  1. Aetna Casualty & Surety Co. v. Federal Insurance Co. of New YorkWest Virginia Supreme Court · 1963
  2. Williams v. Precision Coil, Inc.West Virginia Supreme Court · 1995
  3. Tiernan v. Charleston Area Medical Center, Inc.West Virginia Supreme Court · 1998
  4. Jividen v. LawWest Virginia Supreme Court · 1995
  5. Hoffnagle v. McDonald's Corp.Supreme Court of Iowa · 1994

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