State ex rel. Energy Corp. of Am. v. Hon. John Lewis Marks (Signed Opinion)
Annotate this CasePlaintiffs’ car and a work-truck owned by Energy Corporation of America (ECA) were involved in a wreck that occurred in Pennsylvania. Plaintiffs filed a tort claim in Harrison County against ECA. The circuit court dismissed Plaintiffs’ claims for improper venue. Plaintiffs subsequently filed a bad faith claim in Harrison County against their insurer and joined ECA as a co-defendant, seeking tort damages for the wreck. ECA filed a motion to sever for improper joinder and dismiss for improper venue. The circuit court denied relief, concluding (1) joinder of ECA and Plaintiffs’ insurer was improper under W. Va. R. Civ. P. 20; and (2) Harrison County was a proper venue for ECA based on the “venue-giving defendant” principle. ECA petitioned the Supreme Court for a writ of prohibition. The Supreme Court granted the writ as moulded, holding (1) the joinder of Plaintiffs’ insurer and ECA was improper because it failed to satisfy the requirements under Rule 20(a); and (2) once Plaintiffs’ insurer is properly severed from the claim against ECA, there will be no venue-giving defendant in this action, and therefore, Harrison County was not a proper venue for ECA.
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