Dunn v. Consolidation Coal Co.

This is an appeal from a final order of the Circuit Court of Marion County dismissing a civil action with prejudice for failure to state a claim upon which relief may be granted. The appellant argues that the trial court erred in considering matters outside of the pleadings when ruling on the appellee’s motion submitted under Rule 12(b)(6) of the West Virginia Rules of Civil Procedure. We agree; therefore, we reverse.

The appellant, Deborah Forney Dunn, is administratrix of the estate of her late husband, Joseph E. Dunn, Jr. The appel-lee, Consolidated Coal Co., is a Delaware corporation with…