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HERSH v. E-T ENTERPRISES, LTD. PARTNERSHIP

No. 12-0106.

752 S.E.2d 336 (2013)

Walter E. HERSH and Mary L. Hersh, Plaintiffs Below, Petitioners v. E-T ENTERPRISES, LIMITED PARTNERSHIP; Ralph L. Eckenrode; P & H Investments, Inc., a Virginia Corporation; and Trollers Associates, LLC, a Virginia limited liability company, Defendants Below, Respondents.

Supreme Court of Appeals of West Virginia.

Decided November 12, 2013.

Dissenting Opinion of Justice Benjamin December 27, 2013.

Dissenting Opinion of Justice Loughry November 12, 2013.

Attorney(s) appearing for the Case

Harry P. Waddell, Esq. , Martinsburg, WV, for the Petitioners.

Christopher J. Regan, Esq. , Bordas & Bordas, PLLC, Wheeling, WV, for Amicus Curiae West Virginia Association for Justice.

Joseph L. Caltrider, Esq. , Bowles Rice McDavid Graff & Love LLP, Martinsburg, WV, for Respondents E-T Enterprises, Limited Partnership, and Ralph L. Eckenrode.

Johnnie E. Brown, Esq. , Jeffrey W. Molenda, Esq. , Kameron T. Miller, Esq. , Pullin, Fowler, Flanagan, Brown & Poe, PLLC, Charleston, WV, for Respondents P & H Investments, Inc., and Trollers Associates, LLC.

Jeffrey A. Holmstrand, Esq. , Flaherty Sensabaugh Bonasso PLLC, Wheeling, WV, for Amicus Curiae Defense Trial Counsel of West Virginia.

Jill Cranston Bentz, Esq. , Mychal Sommer Schulz, Esq. , Jacob A. Manning, Esq. , Dinsmore & Shohl, LLP, for Amicus Curiae West Virginia Insurance Federation.

KETCHUM, Justice:

In this appeal from the Circuit Court of Berkeley County, we are asked to examine the "open and obvious" doctrine as it applies in premises liability actions. Under this common-law doctrine, if a plaintiff is injured by a hazard on another's land that was "open and obvious" such that it was or could have been known to the reasonable plaintiff, then the plaintiff is barred as a matter of law from recovering any damages from the premises owner or possessor...

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