Marcus v. Staubs
West Virginia Supreme Court
736 S.E.2d 360 (2012)
Relevant factsFree
18-year-old Marcus (defendant) and a friend drove two minor girls to buy alcohol illegally and brought them to a party; Marcus later refused a ride-home request, and one of the girls stole a truck and drove drunk with the other girl as passenger, crashing and killing one and injuring the other. Their mother Staubs (plaintiff) sued Marcus for negligently providing alcohol to minors; the trial court granted Staubs summary judgment, finding Marcus's negligence a proximate cause and rejecting his intervening-cause defense, and Marcus appealed.
IssueFree
Whether, in West Virginia, a negligent defendant is relieved from liability by the intervening acts of third persons.