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Marcus v. Staubs

West Virginia Supreme Court
736 S.E.2d 360 (2012)


Facts

Jonathan Ray Marcus (defendant), age 18, and his 26-year-old friend Steven Woodward drove 14-year-old Samantha Staubs and her 13-year-old sister Jessica across the West Virginia state line into Virginia to purchase alcohol. After Woodward purchased the alcohol, the group traveled to a house in West Virginia where they began drinking. Marcus left the party shortly thereafter. When the party was over, Samantha telephoned Marcus for a ride home, which he declined to provide. Samantha and Misty Johnson left the home and stole a neighbor’s truck. Misty, who was intoxicated, got behind the wheel and proceeded to drive Samantha and Jessica home. Minutes later, the vehicle hit an embankment, killing Samantha and injuring Jessica. Samantha and Jessica’s mother, Lori Ann Staubs (plaintiff), filed suit against Marcus and others for negligently providing alcohol to the minor females. The trial court granted Staubs’ motion for summary judgment and Marcus appealed. The West Virginia Supreme Court granted certiorari to review.

Rule of Law

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Issue

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Holding and Reasoning (Per Curiam.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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