Legal Opinion

Tessa Jordan v. Joseph Jenkins and Safeco Insurance Company v. Joseph Jenkins

West Virginia Supreme Court

Decided June 15, 2021No. 19-0890 & 19-0899Separate

1Opinion of the Court

FILED June 15, 2021 released at 3:00 p.m. No. 19-0890 – Jordan, et al. v. Jenkins, et al. EDYTHE NASH GAISER, CLERK SUPREME COURT OF APPEALS No. 19-0899 – Safeco Ins. Co. v. Jenkins, et al. OF WEST VIRGINIA WOOTON, J., dissenting, joined by Walker, J., as to No. 19-0890: With respect to the majority’s reversal of these consolidated appeals, I respectfully dissent. In the Jordan appeal, the purported error upon which the jury’s verdict is reversed was not adequately preserved below. The new point of law, that loss of use damages must be limited to a time period allowing for “reasonabl[e]”…

2Cases cited16 opinions

  1. BMW of North America, Inc. v. GoreSupreme Court of the United States · 1996
  2. New York State Conference of Blue Cross & Blue Shield Plans v. Travelers InsuranceSupreme Court of the United States · 1995
  3. State v. GuthrieWest Virginia Supreme Court · 1995
  4. Browning-Ferris Industries of Vermont, Inc. v. Kelco Disposal, Inc.Supreme Court of the United States · 1989
  5. State v. DerrWest Virginia Supreme Court · 1994

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