Legal Opinion

In Re Flood Litigation

West Virginia Supreme Court

Decided December 9, 2004No. 31688PublishedCited by 20 opinions

1Opinion of the Court

MAYNARD, Chief Justice.

In this case, we answer several certified questions from the Flood Litigation Panel in regards to lawsuits arising from July 8, 2001, floods in several counties in southern West Virginia. 1

I

FACTS

On July 8, 2001, several heavy rainstorms passed over southern West Virginia and areas of Boone, Fayette, Kanawha, McDowell, Mercer, Raleigh, and Wyoming counties were flooded. These floods caused property damage, personal injury, and death.

Subsequently, 489 plaintiffs, 2 who are private residential property owners and occupiers, filed actions in the above counties against 78…

2Cases cited30 opinions

  1. Gade v. National Solid Wastes Management Assn.Supreme Court of the United States · 1992
  2. Gallapoo v. Wal-Mart Stores, Inc.West Virginia Supreme Court · 1996
  3. Sewell v. GregoryWest Virginia Supreme Court · 1988
  4. Kincaid v. MangumWest Virginia Supreme Court · 1993
  5. Jordan v. City of BenwoodWest Virginia Supreme Court · 1896

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3Cited by20 opinions

  1. Hurley v. Port Blakely Tree Farms LPCourt of Appeals of Washington · 2014
  2. In Re Flood Litigation Coal River WatershedWest Virginia Supreme Court · 2008
  3. PINNACLE MIN. CO., LLC v. Bluestone Coal Corp.District Court, S.D. West Virginia · 2009
  4. SER J.C., a Minor v. Hon. James P. Mazzone, Lead Presiding JudgeWest Virginia Supreme Court · 2014
  5. Arthur-Nelson v. U.S. Bancorp Government Leasing and Finance, Inc.District Court, N.D. West Virginia · 2020

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