Legal Opinion

Kimberly Landis and Alva Nelson v. Hearthmark, LLC

West Virginia Supreme Court

Decided October 17, 2013No. 13-0159PublishedCited by 6 opinions

1Opinion of the Court

Justice KETCHUM:

The United States District Court for the Northern District of West Virginia presents this Court with four certified questions regarding our law on the parental immunity doctrine. Upon consideration, we have determined that reformulating the questions will allow this Court to fully address the legal issues presented.1 We answer the reformulated certified questions2 as follows:

1. In a product liability action brought for injury to a child, does the parental immunity doctrine preclude a defendant from asserting a contribution claim against the parents of the child? Answer: Yes.

2.…

2Cases cited63 opinions

  1. Bradley v. Appalachian Power Co.West Virginia Supreme Court · 1979
  2. Hewlett v. GeorgeMississippi Supreme Court · 1891
  3. Goller v. WhiteWisconsin Supreme Court · 1963
  4. Morningstar v. Black & Decker Manufacturing Co.West Virginia Supreme Court · 1979
  5. Gibson v. GibsonCalifornia Supreme Court · 1971

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3Cited by6 opinions

  1. Modular Building Consultants of West Virginia, Inc. v. Poerio, Inc.West Virginia Supreme Court · 2015
  2. McElroy Coal Co. v. Michael and Patricia SchoeneWest Virginia Supreme Court · 2018
  3. Arch Insurance Company, Inc. v. Berkley National Insurance Co.Court of Appeals for the Fourth Circuit · 2021
  4. J.F. Allen Corporation v. The Sanitary Board of the City of Charleston and Burgess and Niple v. J.F. Allen CorporationWest Virginia Supreme Court · 2020
  5. McElroy Coal Co. v. Michael and Patricia SchoeneWest Virginia Supreme Court · 2018

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