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Keywords

plaintiffdefendantappealtrialpleamotionmotion to dismiss
plaintiffdefendantappealpleacivil procedure

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Gable v. Gable, 245 W.Va. 213, 858 S.E.2d 838

Facts

Ronald A. Gable, the plaintiff, visited his daughter Deborah Gable's home in Wheeling, West Virginia, on September 18, 2017. He alleged that he slipped and fell on debris, including golf balls, on the porch and steps, resulting in serious injuries. Deborah Gable moved to dismiss the complaint, arguing that Ronald was a trespasser and that the hazards were open and obvious, which the circuit court accepted, leading to the dismissal of the case.

The complaint alleges that on September 18, 2017, plaintiff Ronald A. Gable visited a residence in Wheeling, West Virginia.

Issue

Did the circuit court err in dismissing the complaint on the grounds that the plaintiff was a trespasser and that the hazards were open and obvious?

Did the circuit court err in dismissing the complaint on the grounds that the plaintiff was a trespasser and that the hazards were open and obvious?

Rule

A plaintiff's complaint need not anticipate or plead around potential defenses that may be raised by the defendant, and a motion to dismiss should not be granted unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim.

Under Rule 8(a) of the West Virginia Rules of Civil Procedure, a plaintiff's complaint need not anticipate or attempt to plead around potential defenses that may be raised by the defendant.

Analysis

The Supreme Court of Appeals found that the circuit court improperly made factual determinations regarding the plaintiff's status as a trespasser and the nature of the hazards. The court emphasized that the plaintiff was only required to plead a cause of action and was not obligated to negate potential defenses in his complaint. The court also noted that the determination of whether a hazard was open and obvious is a question of fact that should be resolved at trial, not at the motion to dismiss stage.

The circuit court violated this cardinal rule of pleading, and it dismissed the complaint because the plaintiff failed to anticipate and plead facts to rebut potential defenses available to the defendant.

Conclusion

The Supreme Court of Appeals reversed the circuit court's dismissal of the complaint and remanded the case for further proceedings, reinstating the plaintiff's claims.

We now turn to the legal theories that the circuit court ruled that the plaintiff was required to anticipate in his complaint.

Who won?

Ronald A. Gable prevailed in the appeal because the court found that the circuit court erred in dismissing his complaint without allowing for factual determinations regarding his status and the nature of the hazards.

The Supreme Court of Appeals found that the circuit court erred in dismissing the complaint and reinstated the plaintiff's claims.

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