Milmoe v. Paramount Senior Living at Ona, LLC (Signed Opinion)
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The Supreme Court affirmed the order of the circuit court granting summary judgment in favor of Defendant, Paramount Senior Living at Ona, LLC, and dismissing Plaintiff's complaint alleging that Paramount, which operated a senior care care, was responsible as a successor corporation for alleged wrongful conduct by Passage Midland Meadows Operations, an LLC that previously operated the home when Thelma Sturgeon was there, holding that there was no error.
Specifically, the Supreme Court held that the circuit court (1) did not err by applying and expanding the general rule in Davis v. Celotex Corp., 420 S.E.2d 557 (W. Va. 1992) that "the purchaser of all the assets of a corporation is not liable for the debts or liabilities of the corporation purchased" in determining that Paramount was not liable as a successor corporation; and (2) did not err in concluding that the case was ripe for summary judgment.
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