STATE EX REL. PIPER v. Sanders
724 S.E.2d 763
W. Va.2012Background
- Kyle Hoffman, Jr. died in a 2007 car crash involving William Piper, the latter being a passenger in the Piper vehicle.
- In 2009, Prinz, as Administratrix of Hoffman's estate, filed a wrongful death action and a declaratory judgment action against State Farm in Jefferson County Circuit Court.
- The circuit court bifurcated the wrongful death and declaratory judgment actions and stayed the wrongful death action pending resolution of the declaratory judgment.
- A June 2011 jury trial on the declaratory judgment determined that State Farm’s umbrella policy provides coverage for Piper’s alleged negligence.
- A January 2012 scheduling order set the wrongful death trial for January 17, 2012; Piper sought a stay pending State Farm’s appeal, which the circuit court denied on October 31, 2011.
- Piper sought a writ of prohibition from the West Virginia Supreme Court to block enforcement of the stay denial; the writ was denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether prohibition lies to prevent enforcement of the stay denial. | Piper argues stay is proper pending appeal of the declaratory judgment. | Prinz/State Farm contends stay was discretionary and not subject to prohibition. | Writ denied; stay denial within court’s discretion; prohibition unavailable for discretionary rulings. |
Key Cases Cited
- Christian v. Sizemore, 181 W.Va. 628, 383 S.E.2d 810 (1989) (declaratory judgment may be brought in personal injury action to determine insurance coverage)
- Dunfee v. Childs, 59 W.Va. 225, 53 S.E. 209 (1906) (stay rests in sound discretion; requires strong showing of prejudice)
- Strother v. Morrison, 100 W.Va. 5, 130 S.E. 255 (1925) (stay should be granted when justice will be promoted and decision will settle the controversy)
- Starcher v. Gas Co., 113 W.Va. 397, 168 S.E. 383 (1933) (grant stay where pending suit affects subject matter of second suit)
- State ex rel. Peacher v. Sencindiver, 160 W.Va. 314, 233 S.E.2d 425 (1977) (writ of prohibition does not lie to prevent simple abuse of discretion; stays discretionary)
- Syl. pt. 4, Hoover v. Berger, 199 W.Va. 12, 483 S.E.2d 12 (1996) (five-factor test for prohibition; substantial weight to clear error of law)