Pittsburgh Partner John Burns successfully obtained a ruling from the West Virginia Supreme Court affirming an order dismissing a third-party complaint against the firm's client.
In a complex case arising from the construction of a wastewater treatment facility in Pocahontas County, West Virginia, the West Virginia Business Court had previously dismissed the third-party plaintiff’s complaint for claims of indemnification and contribution against the firm's client, a supplier/subcontractor. After an appeal by the third-party plaintiff, argument was held before the full court on January 6, 2023.
The court recently issued a ruling on June 12, 2023, agreeing with Mr. Burns' arguments that no claim for indemnification can be brought against his client due to the lack of a special relationship between the two entities. Further, the West Virginia Supreme Court also agreed that West Virginia's modified comparative fault act of 2015, which did away with joint liability among defendants, also eliminated all claims of contribution that did not fit into any of the statute’s exceptions.
This was an unanswered and unsettled issue in West Virginia due to some inconsistent rulings in the lower courts and the fact that the statute did not explicitly state that general claims for contribution were eliminated by the passage of the act. However, this ruling settles that issue.
Mr. Burns is a Partner in the firm's Pittsburgh office who practices in the areas of complex commercial litigation and general and professional liability defense. His extensive litigation and court experience and service as a clerk in the United States Bankruptcy Court for the Western District of Pennsylvania provide him with valuable perspective in providing legal services to small and mid-size businesses in a variety of areas.