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Keywords

contractbreach of contractattorneyappealsummary judgment

Related Cases

Poling v. Pre-Paid Legal Services, Inc., 212 W.Va. 589, 575 S.E.2d 199

Facts

Georgia Poling purchased a membership from Pre-Paid Legal Services, Inc. in May 1995, believing she would receive legal services from highly respected attorneys. After an automobile accident in September 1995, she was referred to attorney John Farmer, who failed to adequately represent her, leading to the dismissal of her case. The Polings filed claims against Pre-Paid for fraud and breach of contract, alleging that Pre-Paid did not properly select or monitor the attorney they referred.

Issue

Did the Circuit Court err in granting summary judgment in favor of Pre-Paid Legal Services, Inc. when genuine issues of material fact existed regarding the claims of fraud and breach of contract?

Rule

Summary judgment is appropriate only when there is no genuine issue of material fact, and the evidence must be viewed in the light most favorable to the non-moving party.

Analysis

The Supreme Court of Appeals analyzed whether the lower court properly granted summary judgment by determining if there were genuine issues of material fact regarding the existence and terms of the contract between Mrs. Poling and Pre-Paid. The court found that the factual issues surrounding the representations made by Pre-Paid and the actual terms of the contract were not resolved, necessitating a jury's determination.

Conclusion

The Supreme Court of Appeals reversed the Circuit Court's grant of summary judgment and remanded the case for further proceedings, allowing the claims of fraud and breach of contract to be presented to a jury.

Who won?

The Polings prevailed in the appeal as the Supreme Court of Appeals reversed the lower court's decision, allowing their claims to proceed.

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