Tug Valley Pharmacy, LLC, et al. v. All Plaintiffs Below

Summary

This document is a dissenting opinion in a West Virginia Supreme Court of Appeals case involving tort claims by plaintiffs who alleged that pharmacies and doctors negligently or recklessly prescribed and dispensed controlled substances. Justice Ketchum argued that the court should adopt the wrongful conduct rule, which would bar recovery when a plaintiff’s claim depends on injuries resulting directly from the plaintiff’s knowing and intentional participation in criminal conduct. The dissent rejected comparative negligence as an adequate substitute for that rule.

Questions Presented

1. Whether plaintiffs who engaged in knowing and intentional criminal conduct related to controlled substances may maintain tort actions for injuries allegedly caused by pharmacies and doctors.
2. Whether West Virginia should adopt the wrongful conduct rule.
3. Whether comparative negligence provides an adequate substitute for the wrongful conduct rule.

Disposition

other