Forshey v. Jackson

(Filed Jan. 9, 2009)

I agree fully with the majority’s decision in this case. I choose to write separately to respond to allegations in the dissenting opinion that this Court has, in this case, rendered an inconsistent and result driven opinion. The dissent contends that the majority opinion is inconsistent with an earlier opinion handed down this term in the case of Rashid v. Tarakji, — W.Va. -, 674 S.E.2d 1 (2008). I disagree.

First, the facts and law upon which our decision in Rashid v. Tarakji was based are distinctly different from those involved in the instant case. Notably, the lawsuit…