Postlewait v. Ohio Valley Medical Center, Inc.

591 S.E.2d 226, 214 W. Va. 668
CourtWest Virginia Supreme Court
DecidedDecember 12, 2003
Docket31406
StatusPublished
Cited by10 cases

This text of 591 S.E.2d 226 (Postlewait v. Ohio Valley Medical Center, Inc.) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Postlewait v. Ohio Valley Medical Center, Inc., 591 S.E.2d 226, 214 W. Va. 668 (W. Va. 2003).

Opinions

ALBRIGHT, Justice:

Appellant Karen L. Postlewait, widow of Robert L. Postlewait, appeals from the October 17, 2002, order of the Circuit Court of Ohio County wherein the trial court refused to approve her entitlement to settlement funds pursuant to a distribution agreement reached in the wrongful death cause of action filed in connection with Mr. Postlewait’s [671]*671death.1 Mr. Postlewait died apparently as a result of a delayed diagnosis of serious head injuries, which were sustained following a fall from Appellant’s porch. While neither of the other two beneficiaries objected to Appellant’s receipt of her share of the settlement funds,2 the circuit court determined that it would be against the public policy of this State to allow someone who contributed to another person’s death to be compensated for their loss of the deceased individual. Upon a full review of the record in this matter, we conclude that the lower court committed error by not approving the distribution agreement upon the facts of this case. Accordingly, we reverse and remand for entry of an order consistent with the rulings in this opinion.

I. Factual and Procedural Background

Appellant, who was temporarily separated from her husband,3 had gone to a social club sometime late on the evening of December 25, 1996. While there, she encountered her husband, who “was down in the dumps” due to being “denied unemployment” benefits while on strike from his place of employment. The Postlewaits parted and eventually Appellant returned home to the marital abode where she was currently residing by herself. At some point in the early hours of December 26, 1996, Mr. Postlewait knocked on the door of the marital home. Appellant “didn’t want him [Mr. Postlewait] to come in[side] the house.” She testified that

we were saying unkind words to each other, [and that] I pushed my husband away to shut the door. I did not see my husband fall, I did not see my husband roll across a three-foot porch down a stairway that is approximately 16 to 18 inches wide containing a banister on each side, two wooden steps, approximately 16 to 18 inches long, and hit concrete that is in front of my house....
When I shut my door and I looked out three little windows that I have in my door, I seen my husband laying there, he was starting to get up. I asked my husband if he would like me to call 9-1-1, he said no. He was getting up, I put my arm around him (indicating) and I helped him into the house and sat him in the recliner. I went into the kitchen and I got something to clean his head off, a few washcloths and a towel, and I cleaned his head off. I told him, I said, “Postie,” I said, “I think you need a stitch or two.” It was just a little cut on his head (indicating).
He said, “Oh, no. It’s okay.”

Mr. Postlewait slept in the recliner for the rest of the night while Appellant slept on the sofa. Mr. Postlewait did not seek medical assistance until January 2, 1997. On that date, he presented himself at Northwood Health Systems, exhibiting symptoms consistent with a brain injury. Dr. Manalac, the treating physician, testified that he verbally ordered a CAT scan4 of Mr. Postlewait’s head on that date to rule out the possibility of internal bleeding. Although Dr. Manalac anticipated that the CAT scan would be performed within twenty-four hours, it was not administered until January 5,1997.

When the CAT scan was finally performed, and intra cranial bleeding detected, it was too late to provide the medical attention required to save Mr. Postlewait’s life. He died six days later. A wrongful death action was filed on January 4, 1999, through which the estate of Mi*. Postlewait asserted a cause of action against various medical providers for their failure to timely diagnose and treat Mr. Postlewait for a skull fracture. Eventually, a 3.2 million dollar settlement was reached in connection with the wrongful death cause of [672]*672action. Under the agreement, Appellant; Louise Postlewait, the decedent’s mother; and Erie Postlewait, the decedent’s son, were to receive settlement proceeds. Appellant’s share of the funds was approximately $691,000.

When the distribution agreement was presented to the circuit court, the trial court approved the settlement agreement and authorized the release of settlement funds to both Louise5 and Eric Postlewait. However, the trial court sua sponte refused to authorize the release of settlement funds to Appellant. In concluding that Appellant was not entitled to receive her share of the settlement money, the trial court reasoned that Mrs. Postlewait’s actions in causing her husband to fall off the porch contributed to his death. Consequently, the lower court determined that since a jury had not had the opportunity to determine whether Appellant’s role in her husband’s death should preclude her from a wrongful death recovery, it was required to make this factual determination. In making its ruling, the circuit court took judicial notice of certain “facts”6 that were purportedly part of the record in the criminal case filed against Mrs. Postle-wait for a misdemeanor charge of involuntary manslaughter. Given the remedial nature of the wrongful death statute, the trial court reasoned that Appellant was “not entitled by law to the agreed upon compensation provided for in the settlement of the wrongful death action involving her husband Robert L. Postlewait” based on her contributory role in her husband’s death.

Arguing that the trial court abused its discretion in refusing to authorize the distribution of all proceeds where all the adult beneficiaries, or their representative,7 had each signed the settlement agreement, Appellant seeks a reversal of the circuit court’s order and distribution of funds pursuant to the agreement. Eric Postlewait, in his individual capacity, agrees with the position of Appellant.8

II. Standard of Review

Our established standard of review for the findings of a circuit court was set forth in syllabus point two of Walker v. West Virginia Ethics Com’n, 201 W.Va. 108, 492 S.E.2d 167 (1997):

In reviewing challenges to the findings and conclusions of the circuit court, we [673]*673apply a two-prong deferential standard of review. We review the final order and the ultimate disposition under an abuse of discretion standard, and we review the circuit court’s underlying factual findings under a clearly erroneous standard. Questions of law are subject to a de novo review.

With these standards in mind, we proceed to determine whether the lower court committed eiTor in denying to Appellant distribution of settlement moneys set aside for her benefit.

III. Discussion

A. Court Approval of Wrongful Death Compromises

Appellant argues that the lower court failed to apply this Court’s holding in syllabus point seven of Arnold v. Turek, 185 W.Va. 400, 407 S.E.2d 706

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Postlewait v. Ohio Valley Medical Center, Inc.
591 S.E.2d 226 (West Virginia Supreme Court, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
591 S.E.2d 226, 214 W. Va. 668, Counsel Stack Legal Research, https://law.counselstack.com/opinion/postlewait-v-ohio-valley-medical-center-inc-wva-2003.