State ex rel. McLaughlin v. West Virginia Court of Claims

549 S.E.2d 286, 209 W. Va. 412, 2001 W. Va. LEXIS 8
CourtWest Virginia Supreme Court
DecidedFebruary 22, 2001
DocketNo. 28716
StatusPublished
Cited by7 cases

This text of 549 S.E.2d 286 (State ex rel. McLaughlin v. West Virginia Court of Claims) 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. McLaughlin v. West Virginia Court of Claims, 549 S.E.2d 286, 209 W. Va. 412, 2001 W. Va. LEXIS 8 (W. Va. 2001).

Opinions

PER CURIAM.

Petitioner Patricia E. McLaughlin, by committee, requests that this Court issue a writ of mandamus directing the Respondent Court of Claims to re-docket her claim for its consideration and requiring the Court of Claims to apply the doctrines of res judicata or collateral estoppel to give effect to a jury verdict of the Circuit Court of Marshall County, returned in her favor against the West Virginia Department of Transportation, Division of Highways (“DOT”).1 Upon our [414]*414review of the record in conjunction with established principles of law, we find no basis for issuing the relief requested by Petitioner.

I. Factual and Procedural Background

On March 17,1990, Petitioner was involved in a collision when another vehicle crossed the center line and collided head-on with her vehicle while she was traveling on State Route 86 in Marshall County. As a result of this accident, Petitioner sustained serious and permanent injuries which have left her confined to a wheelchair and rendered her an incompetent in need of a committee.2 On January 2, 1991, Petitioner filed a civil action against both the driver of the other vehicle, Ross W. Campbell, and DOT in the Circuit Court of Marshall County. DOT was named as a party due to Petitioner’s allegation that it had negligently maintained the roadways by failing to erect guardrails during an ongoing construction project.3

A year after filing her civil complaint, Petitioner filed a Suggested Form of Notice of Claim and Claim in the Court of Claims,4 to which she attached a copy of the complaint filed in circuit court. Her claim was docketed by the Court of Claims, but stayed pending the disposition of the circuit court action.

On October 25, 1993, this matter proceeded to trial on the issue of liability alone. Although the jury returned a verdict of no liability with regard to DOT, the circuit court entered a judgment notwithstanding the verdict in favor of Petitioner as to liability against DOT.5 As a result of settlement negotiations that ensued between January and June of 1994, DOT tendered one million dollars to the circuit court on August 30, 1994, pursuant to Rule 68 of the West Virginia Rules of Civil Procedure.6 Based on its position that it had tendered payment of the one million dollar limits of the State’s insurance policy, DOT petitioned this Court for a writ of prohibition to prevent the trial court from proceeding to the damage portion of the trial. We denied DOT’s request in State ex rel. West Virginia DOT v. Madden, 192 W.Va. 497, 453 S.E.2d 331 (1994), upon our determination that “a final determination by the trial court as to the limits of insurance coverage available in this case is necessary.” Id. at 500, 453 S.E.2d at 334. The issue of the amount of insurance coverage available was not resolved until the Kanawha County Circuit Court7 issued an order, entered on September 14, 2000, finding only one million dollars of coverage.8

On August 30, 1994, a six-person jury heard the evidence and returned a verdict on the issue of damages. The jury assessed damages in the amount of 16.5 million dollars and the circuit court, by judgment order entered on March 30, 1995, reduced the verdict to the one million dollar offer of judgment that had already been tendered by DOT.

In March 1996, Petitioner sought to have the circuit court verdict given res judicata [415]*415effect by the Court of Claims. In response, DOT filed a motion to dismiss the Court of Claims proceeding on grounds of lack of subject matter jurisdiction.9 After hearing argument on the motion to dismiss, the Court of Claims dismissed Petitioner’s claim on February 20,1997, upon its conclusion that it lacked jurisdiction to hear the claim. Petitioner sought reconsideration of the decision to dismiss her Court of Claims action in October 2000, but in a letter dated October 20, 2000, the Court of Claims declined, stating that “the claim is and has been dismissed from the docket of the Court by its former order.” Petitioner now seeks the issuance of a writ of mandamus from this Court to have her claim re-docketed with the Court of Claims.

II. Standard of Review

Our standard of review for issuing writs of mandamus is well-established:

“A writ of mandamus will not issue unless three elements coexist — (1) a clear legal right in the petitioner to the relief sought; (2) a legal duty on the part of respondent to do the thing which the petitioner seeks to compel; and (3) the absence of another adequate remedy.” Syl. pt. 2, State ex rel. Kucera v. City of Wheeling, 153 W.Va. 538, 170 S.E.2d 367 (1969).

Syl. Pt. 10, State ex rel. Marockie v. Wagoner, 191 W.Va. 458, 446 S.E.2d 680 (1994).

III. Discussion

This Court has original jurisdiction 10 to issue a writ of mandamus. We have previously relied upon this type of extraordinary relief when a public officer or body has failed in the performance of a mandatory, non-delegable duty. “ ‘Mandamus is a proper remedy to require the performance of a nondiscretionary duty by various governmental agencies or bodies.’ Syllabus Point 1, State ex rel. Allstate Insurance Co. v. Union Public Service District, 151 W.Va. 207, 151 S.E.2d 102 (1966).” Syl. Pt. 4, State ex rel. Affiliated Constr. Trades Found. v. Vieweg, 205 W.Va. 687, 520 S.E.2d 854 (1999). Before this Court can compel the performance of such a nondiseretionary duty, however, we must first determine whether the Petitioner is entitled to the exercise of such duty. “ ‘To entitle one to a writ of mandamus, the party seeking the writ must show a clear legal right thereto and a corresponding duty on the respondent to perform the act demanded.’ Syl. Pt. 2, State ex rel. Cooke v. Jarrell, 154 W.Va. 542, 177 S.E.2d 214 (1970).” Syl. Pt. 1, Dadisman v. Moore, 181 W.Va. 779, 384 S.E.2d 816 (1988).

The Court of Claims is an administrative arm of the West Virginia Legislature, not a court created within the judicial branch of government. The Legislature has established the Court of Claims by law11 and delegated to it the Legislature’s power to investigate certain claims against the State that may not be prosecuted in the courts because of the State’s sovereign immunity.12 See W.Va.Code § 14-2-1 (1967) (Repl.Vol.2000).

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Bluebook (online)
549 S.E.2d 286, 209 W. Va. 412, 2001 W. Va. LEXIS 8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-mclaughlin-v-west-virginia-court-of-claims-wva-2001.