Legal Opinion

Gable v. Gable

West Virginia Supreme Court

Decided June 1, 2021No. 19-1077Separate

1Opinion of the Court

FILED June 1, 2021 released at 3:00 p.m. EDYTHE NASH GAISER, CLERK No. 19-1077 Ronald A. Gable v. Deborah Gable and John Doe(s) SUPREME COURT OF APPEALS OF WEST VIRGINIA Jenkins, Chief Justice, dissenting: The majority has found that the plaintiff’s bare-bones complaint in this matter is sufficient to require the defendant property owner to continue to defend this action. Because the Legislature has made clear that a property owner owes no duty of care for a danger that is open and obvious, and the complaint in this case failed to include any facts to indicate that the alleged hazard was…

2Cases cited10 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. State Ex Rel. McGraw v. Scott Runyan Pontiac-Buick, Inc.West Virginia Supreme Court · 1995
  3. Harry F. Chaveriat, Jr. v. Williams Pipe Line CompanyCourt of Appeals for the Seventh Circuit · 1993
  4. Sticklen v. KittleWest Virginia Supreme Court · 1981
  5. Mallet v. PickensWest Virginia Supreme Court · 1999

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