Stevens v. West Virginia Institute of Technology

532 S.E.2d 639, 207 W. Va. 370, 1999 W. Va. LEXIS 155
CourtWest Virginia Supreme Court
DecidedDecember 2, 1999
DocketNo. 25956
StatusPublished
Cited by4 cases

This text of 532 S.E.2d 639 (Stevens v. West Virginia Institute of Technology) 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
Stevens v. West Virginia Institute of Technology, 532 S.E.2d 639, 207 W. Va. 370, 1999 W. Va. LEXIS 155 (W. Va. 1999).

Opinions

PER CURIAM:

This case is before this Court upon an appeal of a final order of the Circuit Court of Fayette County entered on October 5, 1998, denying the appellant’s, Jody Stevens’ (“Stevens”), motion to reconsider two separate orders granting summary judgment: (1) for appellee Montgomery General Hospital (“Montgomery Hospital”), entered on July 24, 1998; and (2) for appellee West Virginia Institute of Technology (“WVIT”), entered on September 14,1998.

Stevens filed an action against WVIT alleging that she was injured due to defective gymnasium equipment located in the school, and against Montgomery Hospital alleging negligent care received at the hospital following her injury at WVIT. At the close of discovery, the circuit court determined that no genuine issues of fact existed to be tried and granted summary judgment for both ap-pellees. In this appeal, Stevens contends that the circuit court erred, arguing that questions of fact do exist and that summary judgment was improvidently granted in both instances.

I.

In 1995 Stevens was a student at WVIT and a member of a sorority that was associated with WVIT. During April of 1995 the sororities and fraternities at WVIT engaged in “Greek Week,” a week of social activities that included volleyball games. On the evening of April 9, 1995, Stevens went to the WVIT gymnasium to participate in a sorority volleyball match. Permission had been granted by WVIT to the organizers of Greek Week to use WVIT’s facility and equipment.

.Stevens and two sorority sisters went to the storage closet located in the gymnasium to obtain the equipment for a volleyball match. The two girls with Stevens took one of the volleyball standards,1 and began roll[373]*373ing it out onto the floor. The base of the standard disconnected from the pole and struck Stevens in the back of the leg. It is unclear whether the attachment pin necessary to secure the pole to the base fell out, or was missing, when the girls began rolling the standard out of the closet. Emergency personnel were dispatched to the scene, and Stevens was transported from the WVIT facility to appellee Montgomery Hospital. The two girls with Stevens remained at the gymnasium and later provided affidavits to the police concerning the event.

The injury to Stevens’ leg consisted of a deep laceration to the bone. An emergency room doctor at Montgomery Hospital examined the laceration, and applied stitches. Stevens was given crutches and sent home.

On the next day, Stevens felt her injury was getting more painful. She returned to Montgomery Hospital, where an appointment was made for her to see a surgeon the next day. Stevens later testified that when the surgeon at Montgomery Hospital examined the injury on her return visit, he became angry and inquired why a surgeon had not been contacted immediately upon her initial admission to the emergency room. The surgeon informed Stevens that she had an infection and that the skin around the wound would have to be removed. Stevens was taken to the Charleston Area Medical Center where she was hospitalized for approximately a week. Stevens was subsequently required to undergo physical therapy, and she allegedly continued to experience pain in her leg.

Stevens filed this personal injury action in the Circuit Court of Fayette County, alleging negligence against both WVIT and Montgomery Hospital. Stevens claimed that WVIT was negligent in allowing students to use defective equipment and was negligent in its supervision of its students. Stevens claimed that Montgomery Hospital was negligent in its treatment of her leg.

At the close of discovery, WVIT moved for summary judgment, arguing that no evidence had been submitted tending to show that WVIT was negligent. Montgomery Hospital likewise moved for summary judgment, arguing that Stevens’ sole expert witness had not stated in his deposition that the care Stevens had received at Montgomery Hospital was a deviation from the applicable medical standard of care. The court granted both motions for summary judgment2 and denied Stevens’ motion to reconsider. This appeal followed.

II.

We review the granting of summary judgment under the standard set forth in Syllabus Point 1 of Painter v. Peavy, 192 W.Va. 189, 451 S.E.2d 755 (1994), where we held that “[a] circuit court's entry of summary judgment is reviewed de novo.” We have held that:

Summary judgment is appropriate if, from the totality of the evidence presented, the record could not lead a rational trier of fact to find for the nonmoving party, such as where the nonmoving party has failed to make a sufficient showing on an essential element of the case that it has the burden to prove.

Syllabus Point 2, Williams v. Precision Coil, Inc., 194 W.Va. 52, 459 S.E.2d 329 (1995).

Pursuant to Rule 56(c) of the West Virginia Buies of Civil Procedure, summary judgment is appropriate when the record shows that there is “no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Accordingly, “[a] motion for summary judg[374]*374ment should be granted only when it is clear that there is no genuine issue of fact to be tried and inquiry concerning the facts is not desirable to clarify the application of the law.” Syllabus Point 3, Aetna Casualty & Sur. Co. v. Federal Ins. Co. of New York, 148 W.Va. 160, 133 S.E.2d 770 (1963). In accord, Syllabus Point 1, Andrick v. Town of Buckhannon, 187 W.Va. 706, 421 S.E.2d 247 (1992); Syllabus Point 1, Williams v. Precision Coil, Inc., 194 W.Va. 52, 459 S.E.2d 329 (1995); Syllabus Point 3, Evans v. Mutual Mining, 199 W.Va. 526, 485 S.E.2d 695 (1997).

We have also held that:

Roughly stated, a “genuine issue” for purposes of West Virginia Rule of Civil Procedure 56(e) is simply one half of a trialworthy issue, and a genuine issue does not arise unless there is sufficient evidence favoring the non-moving party for a reasonable jury to return a verdict for that party. The opposing half of a trialworthy issue is present where the non-moving party can point to one or more disputed “material” facts. A material fact is one that has the capacity to sway the outcome of the litigation under the applicable law.

Syllabus Point 5, Jividen v. Law, 194 W.Va. 705, 461 S.E.2d 451 (1995). In accord, Syllabus Point 2, Fayette County National Bank v. Lilly, 199 W.Va. 349, 484 S.E.2d 232 (1997).

The party that moves for summary judgment “has the burden of showing that there is no genuine issue of fact and any doubt as to the existence of such issue is resolved against the movant for such judgment.” Syllabus Point 6, Aetna Casualty & Surety Co. v. Federal Insurance Co.

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Bluebook (online)
532 S.E.2d 639, 207 W. Va. 370, 1999 W. Va. LEXIS 155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stevens-v-west-virginia-institute-of-technology-wva-1999.