Isaac W. Ferguson v. Aggregate Industries Building Materials, LLC

Summary

The West Virginia Supreme Court of Appeals affirmed a circuit court judgment entered after a jury rejected Isaac W. Ferguson’s claims for disability discrimination, workers’ compensation discrimination, and invasion of privacy. The court held that the answer deadline was properly extended by stipulation, that unpreserved jury-instruction objections and trial errors could not be considered, and that Ferguson failed to adequately support several appellate arguments.

Holdings

1. The answer deadline was properly extended by stipulation under West Virginia Trial Court Rule 20.01, and Ferguson was not entitled to a default judgment.
2. Ferguson waived his objections to the jury instructions by failing to object to them in the circuit court.
3. The court would not address Ferguson's remaining assignments of error because he failed to make a timely motion for a new trial.
4. The court would consider only assignments of error supported by argument and specific record references; unsupported or unaddressed claims did not establish reversible error.

Questions Presented

1. Whether Ferguson was entitled to a default judgment because the answer deadline had been extended by stipulation without his personal knowledge.
2. Whether the circuit court erred in connection with jury instructions concerning financial hardship, disability, and invasion of privacy.
3. Whether the jury's findings on disability discrimination and workers' compensation discrimination were erroneous.
4. Whether the circuit court improperly excluded evidence concerning the cause of Ferguson's workplace injury.
5. Whether Ferguson preserved his alleged instructional and trial errors for appellate review.

Disposition

affirmed