Legal Opinion · Concurrence

Doe v. Wal-Mart Stores, Inc.

West Virginia Supreme Court

Decided December 13, 2001No. 26012, 29335Published

1ConcurrenceStarcher, Justice

(Filed Dec. 13, 2001)

I concur with the majority’s decision to reverse the judgment below, and to remand this case for a new trial. I write separately to emphasize that when a large corporate defendant such as Wal-Mart, an institution with significant power and financial resources, uses obstructive tactics to make litigation difficult for injured victims and their attorneys, a circuit court must deal with these tactics head-on and use its power to level the playing field.

A quick search of reported cases reveals that Wal-Mart parking lots are a virtual magnet for crime. A host of rapes,…

2Cases cited21 opinions

  1. McClung v. Delta Square Ltd. PartnershipTennessee Supreme Court · 1996
  2. Simon v. Wal-Mart Stores, Inc.Court of Appeals for the Fifth Circuit · 1999
  3. Valdes v. Wal-Mart Stores, Inc.Court of Appeals for the Fifth Circuit · 2000
  4. Posecai v. Wal-Mart Stores, Inc.Supreme Court of Louisiana · 1999
  5. Wal-Mart Stores, Inc. v. Davis, Texas Court of Appeals, 3rd District (Austin)1998

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