Summary
The Supreme Court of Appeals of West Virginia affirmed the dismissal of Rosanna S. Crum’s claims against Chafin Funeral Home, Inc. arising from funeral expenses for her late husband. The court held that a signed statement of funeral goods and services constituted a valid contract and rejected her negligence and tortious-interference theories. The decision was issued as a memorandum decision under Rule 21 of the West Virginia Rules of Appellate Procedure.
Holdings
- The signed Statement constituted a valid contract between Crum and Chafin Funeral Home because it identified the funeral goods and services, contained itemized charges, reflected consideration, and included Crum's agreement to make full payment.
- Crum failed to state an actionable negligence claim against Chafin Funeral Home.
- Crum could not establish tortious interference because she could not show the existence of the alleged underlying contract with the third parties.
Questions Presented
- Whether the signed Statement of Funeral Goods and Services Selected constituted a valid contract between Crum and Chafin Funeral Home.
- Whether Chafin Funeral Home could be liable for negligence based on allegedly arranging funeral services more costly than those Crum would have chosen or could afford.
- Whether Chafin Funeral Home tortiously interfered with an alleged contract between Crum and third parties who purportedly promised to pay the funeral costs.
Disposition
affirmed
Cases Cited (10)
- State ex rel. McGraw v. Scott Runyan Pontiac-Buick, Inc., 194 W.Va. 770, 461 S.E.2d 516 (1995)(applied)
- Chapman v. Kane Transfer Co., Inc., 160 W.Va. 530, 236 S.E.2d 207 (1977)(applied)
- Conley, 355 U.S. at 45–46, 78 S.Ct. at 102, 2 L. Ed. 2d at 84(applied)
- Virginian Export Coal Co. v. Rowland Land Co., 100 W.Va. 559, 131 S.E. 253 (1926)(applied)
- Dan Ryan Builders, Inc. v. Nelson, 230 W.Va. 281, 737 S.E.2d 550 (2012)(applied)
- State ex rel. AMFM, LLC v. King, 230 W.Va. 471, 740 S.E.2d 66 (2013)(applied)
- Sewell v. Gregory, 179 W.Va. 585, 587, 371 S.E.2d 82, 84 (1988)(applied)
- Strahin v. Cleavenger, 216 W.Va. 175, 183, 603 S.E.2d 197, 205 (2004)(applied)
- Carter v. Monsanto Co., 212 W.Va. 732, 737, 575 S.E.2d 342, 347 (2002)(applied)
- Torbett v. Wheeling Dollar Sav. & Trust Co., 173 W.Va. 210, 314 S.E.2d 166 (1983)(applied)
Cited In (0)
No citing cases on record yet.
Court Document
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