State ex rel. Huffman v. Stephens

526 S.E.2d 23, 206 W. Va. 501, 1999 W. Va. LEXIS 172
CourtWest Virginia Supreme Court
DecidedDecember 9, 1999
DocketNo. 26422
StatusPublished
Cited by19 cases

This text of 526 S.E.2d 23 (State ex rel. Huffman v. Stephens) 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
State ex rel. Huffman v. Stephens, 526 S.E.2d 23, 206 W. Va. 501, 1999 W. Va. LEXIS 172 (W. Va. 1999).

Opinions

PER CURIAM:

In this proceeding in prohibition, the relator Dollie Huffman, as Administratrix of the Estate of Kayla Rene Huffman, prays that this Court issue a writ of prohibition prohibiting the respondent Judge of the Circuit Court of McDowell County from transferring to Mercer County a wrongful death action instituted by her in the Circuit Court of McDowell County. The respondent argues that such a transfer is appropriate because the Circuit Court of Mercer County is an appropriate venue for trial of the case.

I.

FACTS

On July 10, 1997, the relator, Dollie Huffman, gave birth to a child whom she named Kayla Rene Huffman. Later, on July 10, 1997, Kayla Rene Huffman died of a fatal Group B Streptococci infection. During her pregnancy, Dollie Huffman had undergone tests which indicated that she was infected with Group B Streptococci. The final test was submitted by Ms. Huffman’s physician, to the respondent Laboratory Corporation of America Holdings, a corporation with its principal offices in North Carolina, for analysis. After analyzing the test sample, Laboratory Corporation of America Holdings erroneously reported that Ms. Huffman had no Group B Streptococci, when, in fact, she was infected with the bacteria.

Following the death of Kayla, Dollie Huffman, acting as Administratrix of the Estate of Kayla Rene Huffman, instituted a wrongful death action against her physician, against Laboratory Corporation of America Holdings, and against Princeton Community Hospital Association. The action was instituted in the Circuit Court of McDowell County.

After the filing of the action, Laboratory Corporation of America Holdings moved to dismiss on the ground that the Circuit Court of McDowell County lacked venue for trial of the action. In the alternative, Laboratory Corporation of America Holdings moved to transfer the action from McDowell County to Mercer County on the basis of the doctrine of forum non conveniens.

After receiving the motions of Laboratory Corporation of America Holdings, the Circuit Court of McDowell County on April 27, 1999 entered an order stating:

Based upon review of the pleadings and argument of counsel, the Court is of the opinion that venue would be proper in the Circuit Court of Mercer County and, accordingly, hereby transfer this Civil Action to the Circuit Court of Mercer County.

In a subsequent order entered on May 19, 1999, the Circuit Court of McDowell County found that the contacts between Laboratory Corporation of America Holdings and McDowell County were insufficient to establish venue, and that as a consequence, there was no venue for the action in McDowell County. The court went on to find that venue would be proper in the Circuit Court of Mercer County and ordered transfer of the action to Mercer County.

In the present proceedings, the relator, Dollie Huffman, as Administratrix of the Es[503]*503tate of Kayla Rene Huffman, contends that the facts of the case are sufficient to establish venue in the Circuit Court of McDowell County and that the change of venue ordered by the circuit court was inappropriate under our law. The relator, therefore, prays that this Court issue a writ of prohibition prohibiting the resppndent Judge of the Circuit Court of McDowell County from transferring the ease from McDowell County to Mercer County..

II.

PROHIBITION

In State ex rel. Riffle v. Ranson, 195 W.Va. 121, 464 S.E.2d 763 (1995), this Court recognized that the exercise of original jurisdiction in prohibition by this Court was appropriate to resolve the issue of where venue for a civil action lies. We reached this conclusion after noting that the issue of venue had the potential of placing a litigant at an unwarranted disadvantage in a pending action and that relief by appeal would be inadequate.

III.

DISCUSSION

Fundamental to the decision of the principal issue in the present case is W. Va.Code 56-1-1, which establishes where venue for a civil action lies in the State of West Virginia. That statute provides, in relevant part:

(a) Any civil action or other proceeding, except where it is otherwise specially provided, may hereafter be brought in the circuit court of any county:
(1) Wherein any of the defendants may reside or the cause of action arose, except that an action of ejectment or unlawful detainer must be brought in the county wherein the land sought to be recovered or some part thereof, is; or ■
(2) If a corporation be a defendant, wherein its principal office is, or wherein its mayor, president or other chief officer resides; or if its principal office be not in this state, and its mayor, president or other chief officer do not reside therein, wherein it does business; or if it be a corporation organized under the laws of this state, which has its principal office located outside of this state, and which has no office or place of business within the state, the circuit court of the county in which the plaintiff resides or the circuit court of the county in which the seat of state government is located shall have jurisdiction of all actions at law or suits in equity against such corporation, where the cause of action arose in this state or grew out of the rights of stockholders with respect to corporate management; ...

The evidence presented in the case presently before the Court shows that Laboratory Corporation of America Holdings is a Delaware corporation with its principal offices in North Carolina. It does not appear that the mayor, president or other chief officer of Laboratory Corporation of America Holdings resides in West Virginia. Thus, it would appear that, under W. Va.Code 56-1-1(a)(2), venue for an action against Laboratory Corporation of America Holdings would lie in any county “wherein it does business.”

In Kidwell v. Westinghouse Electric Company, 178 W.Va. 161, 358 S.E.2d 420 (1986), this Court examined the meaning of the phrase “wherein it does business” contained in our venue statute. In Kidwell, the Court overruled Brent v. Board of Trustees, 163 W.Va. 390, 256 S.E.2d 432 (1979), and held that the proper test for determining venue under W. Va.Code 56-1-1 is the same test used for determining personal jurisdiction under W. Va.Code 31-1-15. In the Brent case, the Court had held that the test for venue in a tort case was whether a corporation’s business activity in a county related directly to the acts which caused injury. In Kidwell, the Court concluded that this test was inappropriate. In the sole syllabus of Kidwell, the Court stated:

Whether a corporation is subject to venue in a given county in this State under the phrase in W. Va.Code, 56-l-l(b), “wherein it does business” depends upon the sufficiency of the corporation’s minimum contacts in such county that demonstrate it is doing business, as that concept is used in W. Va.Code, 31-1-15. To the extent that Brent v. Board of Trustees, 163 W.Va. 390, [504]*504266 S.E.2d 432 (1979), implies a more restrictive standard, it is overruled.

In Eastern Marketing Corporation v.

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Cite This Page — Counsel Stack

Bluebook (online)
526 S.E.2d 23, 206 W. Va. 501, 1999 W. Va. LEXIS 172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-huffman-v-stephens-wva-1999.