State Farm Fire & Casualty v. Robin Skinner Prinz

743 S.E.2d 907, 231 W. Va. 96, 2013 WL 2302051, 2013 W. Va. LEXIS 504
CourtWest Virginia Supreme Court
DecidedMay 21, 2013
Docket11-1265
StatusPublished
Cited by4 cases

This text of 743 S.E.2d 907 (State Farm Fire & Casualty v. Robin Skinner Prinz) 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 Farm Fire & Casualty v. Robin Skinner Prinz, 743 S.E.2d 907, 231 W. Va. 96, 2013 WL 2302051, 2013 W. Va. LEXIS 504 (W. Va. 2013).

Opinions

BENJAMIN, Chief Justice:

The instant case is before the Court upon the appeal of State Farm Fire & Casualty Company (“State Farm”), Petitioner, from a June 13, 2011, judgment order and an August 4, 2011, order denying its motion to alter or amend verdict or for a new trial. State Farm alleges that the Circuit Court of Jefferson County erred in (1) applying the Dead Man’s Statute, W. Va.Code § 57-3-1 (1937), and prohibiting the jury from considering testimony from the decedent’s family members regarding where the decedent was residing on the date of his death, (2) precluding the introduction of documentary evidence on the same grounds, and (3) failing to properly instruct the jury on the definition of the term “household” as utilized in the subject State Farm policy. Based upon the record before us, the arguments of the parties, and the applicable precedent, we reverse the decision of the circuit court and remand this matter for further proceedings consistent with this opinion.

I.

FACTUAL AND PROCEDURAL BACKGROUND

On October 28, 2007, William Lee Piper, the driver, was killed in a motor vehicle accident in Jefferson County, West Virginia. His passenger, Kyle Hoffman, Jr., was also killed. Thereafter, the Estate of Kyle Hoffman, Jr. filed suit against the Estate of William Lee Piper. Count I of the complaint asserted a wrongful death claim against the Estate of William Lee Piper, and Count IV was an insurance coverage claim against State Farm. By agreement of the parties, the case was bifurcated into two parts for trial: a declaratory judgment action of insurance coverage involving State Farm and the tort action on the underlying wrongful death claim.

The declaratory judgment coverage action involved the question of whether William Lee Piper was a resident of the home of his grandparents in Berryville, Virginia, at the time of his death. If he was, there would be coverage under a State Farm personal liability umbrella policy issued to Mr. Piper’s grandfather, Paul Massanopoli. State Farm asserted that William Piper lived with his parents, Julie and David Piper, in Harpers Ferry, West Virginia, on the date of his death.

The jury considered the following evidence presented by the Respondent, Robin Skinner Prinz, as personal representative of the Estate of Kyle Hoffman, Jr., at trial: (1) that Piper’s valid Virginia driver’s license listed his grandparents’ address in Virginia as his residence; (2) that three weeks before the accident, Piper titled and registered his vehicle that he was driving at the time of the crash using his grandparents’ address in Virginia; (3) that he listed his grandparents’ home in Virginia on his application for automobile insurance with Geico weeks before the accident and Geico issued an automobile insurance policy to Piper at the Virginia address; (4) that nine days before the accident, Piper listed his grandparents’ Virginia address as his address on a federal W-4 form, a federal employment eligibility form, and a West Virginia Certificate of Non-residence; and (5) that an official high school transcript listed Piper as being enrolled in high school in Virginia from 2002 through 2006 and that his parents and grandparents had a joint custody agreement allowing Piper to live with his grandparents for the purpose of attending high school.

To counter this evidence, State Farm sought to introduce evidence that William Piper resided in Harpers Ferry, West Virginia, including his parents’ tax returns on which he was listed as a dependent; letters of administration creating his estate in West Virginia; and his obituary. Kyle Hoffman, Sr., the decedent plaintiffs father, executed an affidavit admitting that William Piper resided with his parents in Harpers Ferry, West Virginia. Julie and David Piper, William Piper’s parents, Sara Piper, and William [99]*99Massanopoli each testified in proffers that William Piper resided with his parents in Harpers Ferry on the date of his death. However, the circuit court, in granting Prinz’s pre-trial motion in limine, excluded this evidence finding that it was barred by the Dead Man’s Statute, W. Va.Code § 57-3-l,1 as irrelevant, or hearsay. In explaining its ruling, the circuit court held,

[I]n the instant ease, any testimony regarding where William Lee Piper lived and his motivations or intent in signing these legal documents to the effect that he lived with his grandfather would necessarily involve testimony regarding personal transactions with the deceased. Such testimony by interested parties such as William Lee Piper’s family members would relate to the course of conduct offered to prove the truth of the matter asserted and would therefore be barred by the Dead Man’s statute.

On June 2, 2011, the jury returned a verdict finding that Piper lived with his grandparents, thus finding in favor of Prinz on the coverage issue. State Farm filed a motion to alter or amend the jury verdict alleging that the circuit court erred in applying the Dead Man’s Statute and prohibiting the jury from considering testimony from William Piper’s family members regarding where he resided on the date of his death, in precluding the introduction of documentary evidence on the same grounds, and in failing to properly instruct the jury on the definition of the term “household” as utilized in the subject State Farm policy. The circuit court denied State Farm’s post-trial motion, finding that

[t]he witnesses proffered by Defendant State Farm were interested parties whose testimony was intended to describe personal transactions or communications with the deceased Will Piper. Moreover, the Court did not err when it also excluded documents created after the death of Will Piper under the Dead Man’s Statute. Finally, the Court did not err in disallowing the Defendant’s jury instruction on the term “Household,” as the focus of the insurance policy at issue was the “primary residence” of the individual seeking coverage.

State Farm now appeals the circuit court’s order denying its motion to alter or amend the verdict or for a new trial and the final judgment order.

II.

STANDARD OF REVIEW

With respect to the standard of review regarding the application of the Dead Man’s Statute, this Court has held,

[I]n reviewing a circuit court’s application of the Dead Man’s Statute, we utilize a bifurcated process. First, we review a circuit court’s fact finding for clear error and give due deference to the circuit court’s application of the statute to the facts applying an abuse of discretion standard. McDougal v. McCammon, 193 W.Va. 229, 235, 455 S.E.2d 788, 794 (1995); Michael v. Sabado, 192 W.Va. 585, 595, 453 S.E.2d 419, 429 (1994); Grillis v. Monongahela Power Co., 176 W.Va. 662, 666-67, 346 [100]*100S.E.2d 812, 817 (1986). To the extent the exclusion of the evidence was based either upon a legal precept or an interpretation of a statute, our review is plenary. In other words, we review a circuit court’s ruling on the admissibility of testimony under an abuse of discretion standard, but to the extent a circuit court’s ruling turns on an interpretation, meaning, or scope of the statute or a rule of evidence our review is de novo. Gentry v. Mangum, 195 W.Va. 512, 517-18, 466 S.E.2d 171, 176-77 (1995).

Meadows v. Meadows, 196 W.Va.

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Bluebook (online)
743 S.E.2d 907, 231 W. Va. 96, 2013 WL 2302051, 2013 W. Va. LEXIS 504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-fire-casualty-v-robin-skinner-prinz-wva-2013.