IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA
January 2014 Term FILED
June 6, 2014
released at 3:00 p.m.
RORY L. PERRY II, CLERK
No. 14-0059 SUPREME COURT OF APPEALS
OF WEST VIRGINIA
STATE OF WEST VIRGINIA ex rel. THORNHILL
GROUP, INC. and WALLY L. THORNHILL,
Petitioners
v.
CHARLES E. KING, JR., Judge of the Circuit Court of Kanawha County
and GEORGE A. ROBERTS,
Respondent
PETITION FOR WRIT OF PROHIBITION
WRIT GRANTED
Submitted: April 22, 2014
Filed: June 6, 2014
Johnnie E. Brown, Esq. Harry F. Bell, Jr., Esq.
S. Andrew Stonestreet, Esq. Jonathan W. Price, Esq.
Pullin, Fowler, Flanagan, The Bell Law Firm, PLLC
Brown & Poe, PLLC Charleston, West Virginia
Charleston, West Virginia Attorneys for Respondent Roberts
Attorneys for Petitioners
JUSTICE LOUGHRY delivered the Opinion of the Court.
JUSTICE KETCHUM concurs and reserves the right to file a concurring opinion.
SYLLABUS
1. The holding in syllabus point three of Wetzel County Savings & Loan Co.
v. Stern Bros., Inc., 156 W.Va. 693, 195 S.E.2d 732 (1973), and its progeny, which identifies
the place where a cause of action arises in a breach of contract claim for purposes of venue
selection based on the tripartite aspects of a contractual claim (formation, breach, and
damages), was not impacted by the repeal of West Virginia Code § 56-1-2 in 1986.
2. “Courts of record can speak only by their records, and what does not so
appear does not exist in law.” Syl. Pt. 3, Hudgins v. Crowder and Freeman, Inc., 156 W.Va.
111, 191 S.E.2d 443 (1972).
LOUGHRY, Justice:
Petitioners Thornhill Group, Inc. (“Thornhill Group”) and Wally L. Thornhill
seek a writ of prohibition in connection with the December 16, 2013, ruling of the Circuit
Court of Kanawha County denying their motion to dismiss for improper venue. Given that
the petitioners–defendants below–are either residents of or have their principal place of
business in Logan County and all the relevant factual events alleged by respondent George
A. Roberts in support of the underlying cause of action transpired in Logan County, the
petitioners argue that the provisions of our general venue statute1 dictate that venue is proper
in Logan County. After a careful review of the applicable venue statute in conjunction with
controlling case law, we conclude that the trial court committed error in ruling that venue
lies properly in Kanawha County.2 Accordingly, we grant the requested writ of prohibition.
I. Factual and Procedural Background
On or about December 11, 2006, Mr. Roberts began working as a general
manager for the Thornhill Group at its automotive dealership in Logan County.3 In the
Spring of 2011, Mr. Roberts learned of the Thornhill Group’s alleged decision to replace him
1
See W.Va. Code § 56-1-1 (2012).
2
George A. Roberts, the plaintiff below and individual respondent herein, is a resident
of Kanawha County.
3
The Thornhill Group owns multiple automobile dealerships.
1
with a younger employee.4 Through a complaint filed on February 11, 2013, in the Circuit
Court of Kanawha County, Mr. Roberts asserted claims against the petitioners predicated on
breach of contract, age discrimination, unlawful retaliation,5 and unpaid wages. The
petitioners promptly filed a motion to dismiss asserting that Kanawha County is not the
proper venue for the underlying cause of action based on the provisions of the general venue
statute.6 Addressing Mr. Roberts’ allegation that a Kanawha County venue is supported by
case law which recognizes a three-pronged consideration for selection of venue in breach of
contract cases,7 the petitioners argued that not only was the alleged offer of employment
accepted at the dealership located in Logan County, but all of the events related to an alleged
breach of contract similarly took place in Logan County. The petitioners also question the
validity of the decisional law relied upon by Mr. Roberts in light of the repeal of West
4
When the complaint was filed, Mr. Roberts was sixty-four years old.
5
According to the allegations set forth in the complaint, various retaliatory acts
allegedly ensued after Mr. Roberts notified the petitioners on December 17, 2012, that they
were unlawfully discriminating against him by grooming a younger employee to replace him.
6
See W.Va. Code § 56-1-1 (2012).
7
In his complaint, Mr. Roberts relied upon this Court’s holding in syllabus point three
of Wetzel County Savings & Loan Co. v. Stern Bros., Inc., 156 W.Va. 693, 195 S.E.2d 732
(1973), that
[t]he venue of a cause of action in a case involving
breach of contract in West Virginia arises within the county:
(1) in which the contract was made, that is, where the duty came
into existence; or (2) in which the breach or violation of the
duty occurs; or (3) in which the manifestation of the
breach–substantial damage occurs.
2
Virginia Code § 56-1-2 in 1986.8 The petitioners assert that no fair or reasonable reading of
the venue statute at issue would support venue existing in Kanawha County.
In denying the petitioners’ motion to dismiss on improper venue grounds, the
trial court ruled that venue was appropriate in Kanawha County based on the alleged
acceptance by Mr. Roberts of an offer of employment from the Thornhill Group in Kanawha
County.9 As an additional basis for its ruling, the trial court relied upon Mr. Roberts’
Kanawha County residency at the time of the alleged breach of contract and the fact that “his
damages would be most acutely felt there.”10 With regard to the non-contractual claims,11
the trial court concluded that judicial economy dictated they be similarly heard in Kanawha
County. It is from this ruling that the petitioners seek relief.
8
See infra note 16 for text of former West Virginia Code § 56-1-2.
9
While Mr. Roberts contends that he accepted a verbal offer of employment over the
telephone while in his residence in Kanawha County, the record of this case is devoid of any
evidence to support that contention.
10
Three additional factors that the trial court cited in support of its ruling included:
(1) the fact, of which it took judicial notice, that “the Thornhill Group advertises extensively
in Kanawha County via both print and broadcast media;” (2) the Thornhill Group’s
operation of a dealership in Kanawha County, and (3) the likely recusal of the two sitting
circuit court judges in Logan County based on their prior actions in suits involving the
petitioners.
11
The petitioners are adamant that no employment contract exists. Instead, Mr.
Roberts was an at-will employee.
3
II. Standard of Review
That the issue of venue may properly be addressed through a writ of prohibition
is well-settled. In State ex rel. Riffle v. Ranson, 195 W.Va. 121, 464 S.E.2d 763 (1995), we
explained our preference for “resolving this issue [venue] in an original action” given the
“inadequacy of the relief permitted by appeal.” Id. at 124, 464 S.E.2d at 766; accord State
ex rel. Huffman v. Stephens, 206 W.Va. 501, 503, 526 S.E.2d 23, 25 (1999) (recognizing
that concerns regarding litigants being placed at unwarranted disadvantage and inadequate
appellate relief compel exercise of original jurisdiction in venue matters). In deciding
whether to grant a writ of prohibition in cases where the lower court is acting within its
jurisdiction but alleged to have exceeded its authority, we rely upon those now axiomatic
factors set forth in syllabus point four of State ex rel. Hoover v. Berger, 199 W.Va. 12, 483
S.E.2d 12 (1996).12 We proceed to determine whether a writ of prohibition should issue.
12
Those factors are:
(1) whether the party seeking the writ has no other adequate
means, such as direct appeal, to obtain the desired relief; (2)
whether the petitioner will be damaged or prejudiced in a way
that is not correctable on appeal; (3) whether the lower
tribunal’s order is clearly erroneous as a matter of law; (4)
whether the lower tribunal’s order is an oft repeated error or
manifests persistent disregard for either procedural or
substantive law; and (5) whether the lower tribunal’s order
raises new and important problems or issues of law of first
impression.
4
III. Discussion
The parties agree that the singular issue of venue before us is controlled by the
provisions of West Virginia Code § 56-1-1 (2012). Under that statute, which is referred to
as the general venue statute, venue is determined by examining the following factors
pertinent to this case:
(a) Any civil action or other proceeding, except where it is
otherwise specially provided, may hereafter be brought in the
circuit court of any county:
(1) Wherein any of the defendants may reside or the cause of
action arose, . . .; or
(2) If a corporation be a defendant, wherein its principal office
is or wherein its mayor, president or other chief officer resides
....
Id. (emphasis supplied).
According to the petitioners, the residency factors set forth in subsections (a)(1)
and (2) of our general venue statute require the conclusion that Logan County is the proper
county in which to resolve the underlying action. See W.Va. Code § 56-1-1(a)(1), (2). As
both the individual and corporate defendant have their residences, for purposes of the general
venue statute, in Logan County, the petitioners maintain that venue does not lie in Kanawha
County. Looking to the alternate statutory basis for venue, the place where the cause of
action arose, the petitioners contend that all the facts upon which Mr. Roberts relies in
support of his cause of action occurred in Logan County at the dealership where he was
employed. As a result, the petitioners insist that the clear and unambiguous language of West
5
Virginia Code § 56-1-1(a) compels the conclusion that venue properly lies in Logan County,
and not in Kanawha County.
Eschewing any discussion of the defendants’ residency, Mr. Roberts relies
instead on his residency in Kanawha County combined with his alleged acceptance of an
offer of employment from the Thornhill Group in Kanawha County.13 Adopting the circuit
court’s reasoning in its order denying the motion to dismiss, Mr. Roberts suggests that the
damages incurred from the breach of contract “would be most acutely felt in the county in
which he makes his home.” In response to the petitioners’ contention that the case law he
relied upon to assert venue, Wetzel County Savings & Loan, is no longer valid, Mr. Roberts
cites to multiple decisions of this Court which continue to view the holding of that decision
as authoritative. See, e.g., State ex rel. Galloway Group v. McGraw, 227 W.Va. 435, 711
S.E.2d 257 (2011) (recognizing three-pronged analysis announced in Wetzel County Savings
& Loan for venue in breach of contract cases);14 McGuire v. Fitzsimmons, 197 W.Va. 132,
136-37, 475 S.E.2d 132, 136-37 (1996) (applying venue analysis of Wetzel County Savings
& Loan to legal malpractice action); Banner Printing Co. v. Bykota Corp., 182 W.Va. 488,
491-92, 388 S.E.2d 844, 847-48 (1989) (discussing 1986 amendments to venue statutes and
applying Wetzel County Savings & Loan holding to determine venue).
13
See supra note 9.
14
See supra note 7.
6
Turning to the residency requirements set forth in the general venue statute,
it is clear that venue lies in Logan County. See W.Va. Code § 56-1-1(a)(1), (2). The
individual defendant in this case, Wally Thornhill, resides in Logan County. Mr. Thornhill
serves as the president and chief officer of the Thornhill Group and the principal office of
the Thornhill Group is in Logan County. Although the residency of the defendants clearly
points to Logan County for venue purposes, the general venue statute provides an alternate
basis for determining venue that must be considered: where the cause of action arose. W.Va.
Code § 56-1-1(a)(1).
As part of our consideration of where Mr. Roberts’ cause of action arose, we
find it necessary to address the petitioners’ contention that the trial court relied on case law
that is no longer valid. In making its ruling in this case, the circuit court considered whether
the repeal of West Virginia Code § 56-1-2 in 1986 compels the conclusion that the legal
principles announced in Wetzel County Savings & Loan, a case applying that statute, had
been rendered nugatory.15 In rejecting the postulate that this Court’s recognition of multiple
venues for a breach of contract case was effectively abrogated by the statutory repeal, the
trial court reasoned:
the West Virginia Supreme Court has applied the same
reasoning subsequent to repeal of that statute, recognizing that
the divisible and transitory nature of contracts means that venue
15
See supra note 7.
7
may be appropriate in more than one county. McGuire v.
Fitzsimmons, 197 W.Va. 132, 136-37, 475 S.E.2d 132, 136-137
(1996);
6. Further, the McGuire court observed that “[t]he plain
language of W.Va. Code, 56-1-1(a)(1) [1986] does not limit the
venue to one county, but provides at least two possible
justifications for proper venue, either the residence of the
defendants or where the ‘cause of action arose.’” Id. at 136, [475
S.E.2d at] 136.
The petitioners’ suggestion that the repeal of West Virginia Code § 56-1-2
invalidates this Court’s case law addressing the issue of where a cause of action arises in a
contract case fails upon scrutiny. Of critical import is the fact that while West Virginia Code
§ 56-1-2 no longer exists in its original format,16 the core provisions of that section have been
incorporated into West Virginia Code § 56-1-1. In discussing the subject statutory changes
in Banner Printing, we stated:
16
That statute provided as follows:
An action, suit or proceeding may be brought in any county
wherein the cause of action, or any part thereof, arose, although
none of the defendants reside therein, in the following
instances:
(a) When the defendant, or if more than one defendant,
one or more of the defendants, is a corporation;
(b) When the defendant, or if more than one defendant,
one or more of the defendants, are served in such county with
process or notice commencing such action, suit or proceeding.
W.Va. Code § 56-1-2 (repealed 1986).
8
This statutory enactment [W.Va. Code, 56-1-1], which became
effective in 1986, consolidated and slightly modified two
previous venue statutes, W.Va. Code, 56-1-1 [1927], and W.Va.
Code, 56-1-2[1927].
West Virginia Code, 56-1-1, as in effect prior to the 1986
amendments, provided for venue based on the location of the
defendant . . . .
....
The former W.Va. Code, 56-1-2, unlike the former W.Va.
Code, 56-1-1, provided for venue under certain circumstances
in the county where the cause of action arose . . . .
As previously indicated, after the 1986 amendments, it
was provided in W.Va. Code, 56-1-1, that, except where
otherwise specifically provided, a cause of action could be
brought in any county, “(1) Wherein any of the defendants
reside or the cause of action arose.”
182 W.Va. at 490, 388 S.E.2d at 846 (emphasis supplied).
Rather than discarding established common law principles of venue concerning
where the cause of action arose, we explained in Banner Printing that “this Court believes
that the new W.Va. Code, 56-1-1(a)(2), was intended to amplify upon the language of the
former W.Va. Code, 56-1-1, which dealt with venue based on the location of the defendant
and was not intended to affect venue based on where the cause of action arose.” 182 W.Va.
at 491, 388 S.E.2d at 847 (emphasis supplied). After first resolving that the 1986
amendments to West Virginia Code § 56-1-1 allow an action to be brought in the county in
which the action arose when a corporate defendant has been sued in addition to the
9
“residency” locations specified in subsection (a)(2),17 we proceeded to consider whether the
amended language had any effect on this Court’s precedent with regard to where a cause of
action arises. With specific reference to the rulings reached in Wetzel County Savings &
Loan,18 this Court opined that the new statute [56-1-1] did not alter the law as it relates to
where a cause of action arises. Banner Printing, 182 W.Va. at 492, 388 S.E.2d at 848.
Affirming the continued validity of our decisional law addressing where a cause of action
arises in a breach of contract case, we relied on syllabus point four of Wetzel County Savings
& Loan19 to reverse the trial court’s decision that “venue is placed in the circuit court of the
17
Subsection (a)(2) provides in its entirety:
If a corporation be a defendant, wherein its principal
office is or wherein its mayor, president or other chief officer
resides; or if its principal office be not in this State, and its
mayor, president or other chief officer do not reside therein,
wherein it does business; or if it be a corporation organized
under the laws of this State which has its principal office
located outside of this State and which has no office or place of
business within the State, the circuit court of the county in
which the plaintiff resides or the circuit court of the county in
which the seat of state government is located shall have
jurisdiction of all actions at law or suits in equity against the
corporation, where the cause of action arose in this State or
grew out of the rights of stockholders with respect to corporate
management[.]
W.Va. Code § 56-1-1(a)(2).
18
See supra note 7.
19
Syllabus point four of Wetzel County Savings & Loan provides as follows:
Where one supports the venue for his civil action based
10
county wherein the cause of action arose only if the corporation does not have a principal
office or its chief officer does not reside in this State.” 182 W.Va. at 489, 388 S.E.2d at 845
(emphasis supplied).
With our ruling in Banner Printing, this Court resolved more than two decades
ago that, subsequent to the 1986 amendments to the general venue statute, our case law
addressing the issue of where a cause of action arises continues to be controlling law. To
avoid any further confusion on this issue, however, we conclude that the holding in Wetzel
County Savings & Loan and its progeny, which identifies the place where the cause of action
arises in a breach of contract claim for purposes of venue selection based on the tripartite
aspects of a contractual claim (formation, breach, and damages), was not impacted by the
repeal of West Virginia Code § 56-1-2 in 1986. We recognize, however, that the facts
upon the place of the breach comprising a part of the cause of
action, in the usual case, he must bring the action in the place or
county in the State where the breach, repudiation or violation of
the duty occurs. But a well recognized exception to the above
rule is the “to pay” doctrine providing: where the duty imposed
is to pay a debt, the courts construe the contract and the law
implies a further duty upon the debtor after default, to seek the
creditor and make payment to him and declares that the
residence of the creditor at the time the debt is due is the place
of the breach of the contract.
156 W.Va. at 694, 195 S.E.2d at 734.
11
relevant to a particular breach of contract claim will govern which of those three potential
venue selections are appropriate in a given case.20
Prior recognition of the legislative purpose for the 1986 amendments to our
venue laws further supports the conclusion we reach in this case. Addressing the addition
of language to West Virginia Code § 56-1-1 that allows a defendant to seek a transfer when
the cause of action is filed in a county in which he does not reside, Justice Cleckley opined:
By enacting W.Va. Code, 56-1-1(b),21 the legislature
granted to the circuit courts of this State broader discretion than
was permissible under the old rule of forum non conveniens.
Thus, in effect, it gave the circuit court some discretion to
20
In illustration, the fact that Mr. Roberts sought to assert venue in Kanawha County
based primarily on his alleged acceptance of an oral contract of employment via the
telephone from his residence has no bearing on the allegations relevant to the breach of
contract–all of which clearly point to Logan County as the proper venue in this case.
21
That section provides:
Whenever a civil action or proceeding is brought in the county
where the cause of action arose under the provisions of
subsection (a) of this section, if no defendant resides in the
county, a defendant to the action or proceeding may move the
court before which the action is pending for a change of venue
to a county where one or more of the defendants resides and
upon a showing by the moving defendant that the county to
which the proposed change of venue would be made would
better afford convenience to the parties litigant and the
witnesses likely to be called, and if the ends of justice would be
better served by the change of venue, the court may grant the
motion.
W.Va. Code § 56-1-1(b).
12
decide the choice of forum, a prerogative which previously was
placed in the hands of the plaintiff. Under W.Va. Code, 56-1
1(b), the “plaintiff’s choice [of forum] is no longer the dominant
factor that it was prior to [the] adoption of [this section].”
State ex rel. Smith v. Maynard, 193 W.Va. 1, 7, 454 S.E.2d 46, 52 (1994) (footnoted added
and citation omitted). Justice Cleckley elicited further that the legislative changes came in
response to our ruling in Hinkle v. Black,22 with the aim of revising “this Court’s formulation
of the forum non conveniens doctrine.”23 Id. at 9, 454 S.E.2d at 54. Under subsection (b),
defendants who do not reside in the county in which a plaintiff has filed a cause of action
were provided with a procedural mechanism by which to seek transfer of that action to a
county where one or more defendants resides in the interests of convenience and serving the
ends of justice.24 See W.Va. Code § 56-1-1(b).
22
164 W.Va. 112, 262 S.E.2d 744 (1979).
23
In Riffle, Justice Cleckley expounded on this issue, stating
Before the 1986 revisions, our application of the doctrine
of forum non conveniens struck directly at venue choices
authorized by the Legislature. In other words, it gave the circuit
courts authority to disregard the venue statutes that limited
venue to certain counties and permitted transfers to another
county based upon the circuit court’s determination that it
would be more convenient and just to transfer the case.
195 W.Va. at 127 n.9, 464 S.E.2d at 769 n.9.
24
As we discussed in Maynard, the transfer provisions only apply where the plaintiff
has filed the action in the county in which the cause of action arose. 193 W.Va. at 7, 454
S.E.2d at 52. From the record of this case, it does not appear that the petitioners ever sought
to transfer this matter, but only to dismiss it on grounds of improper venue.
13
Returning to the case before us, we proceed to analyze the trial court’s decision
that venue was proper in Kanawha County based on the residency of Mr. Roberts; his situs
when accepting the employment contract; and the location where damages from the alleged
breach would be most acutely realized. Under the provisions of our general venue statute,
the place of the plaintiff’s residency has no independent bearing on where an action may be
maintained. See Syl. Pt. 2, Crawford v. Carson, 138 W.Va. 852, 78 S.E.2d 268 (1953)
(recognizing that plaintiff’s residence, without more, does not establish venue in absence of
statute or other principle of law); accord Crispen v. W.Va. Secondary Schools Activities
Comm’n, 206 W.Va. 486, 525 S.E.2d 677 (1999). Only two statutory factors control the
issue of venue before us: the place of the defendants’ residence and the place where the cause
of action arose. See W.Va. Code § 56-1-1(a). Because there is no dispute that both the
individual and the corporate defendants reside in Logan County for purposes of our general
venue statute, the only way this case can remain in Kanawha County is if the cause of action
arose there.
In support of its ruling that venue lies in Kanawha County, the trial court
concludes that Mr. Roberts accepted an offer of employment from the Thornhill Group in
Kanawha County. The record of this case, however, is devoid of any evidence in support of
this finding. Not only does the complaint fail to refer to where the oral contract was formed,
but no supporting evidence has been submitted on this issue. As we recognized in syllabus
14
point three of Hudgins v. Crowder & Freeman, Inc., 156 W.Va. 111, 191 S.E.2d 443 (1972),
“[c]ourts of record can speak only by their records, and what does not so appear does not
exist in law.” There is simply no evidence in the record of this case to establish that Mr.
Roberts accepted his offer of employment, as was represented during oral argument of this
case, while utilizing the telephone in his home.
Although we have no basis from which to assess whether an offer of
employment was accepted in Kanawha County,25 the location of the contract’s acceptance
has no bearing on where the subject cause of action arose in this case. See Syl. Pt. 1, Jones
v. Main Island Creek Coal Co., 84 W.Va. 245, 99 S.E. 462 (1919) (recognizing that cause
of action consists of duty owing to one person from another combined with violation or
breach of that duty). Rather than the existence of the contract itself being the pivotal focus
of Mr. Roberts’ contractual claim, his claim is predicated on the alleged breach of that
contract. Accordingly, for purposes of determining venue in the case before us, what is
relevant is where the breach of contract ensued and not where the contract was accepted.
By focusing on the location of the alleged contract’s acceptance, the trial court
overlooked the critical need to determine where the cause of action arose when deciding
25
The petitioners maintain that the offer of employment was made and accepted at the
dealership in Logan County.
15
where venue lies. See W.Va. Code § 56-1-1(a)(1). In view of both the transitory nature of
contracts as well as the potential involvement of multiple geographic locations, we
recognized in Wetzel County Savings & Loan that the place of the contract’s formation may
sometimes govern where venue lies. 156 W.Va. at 698, 195 S.E.2d at 736. Typically,
however, the situs of the breach of a contract will be the obvious location in which to
institute an action to recover for that breach. See Russell v. Pineview Realty, Inc., 165 W.Va.
822, 824-25, 272 S.E.2d 241, 242-43 (1980) (examining contractual terms to conclude that
Kanawha County was place of breach and, correspondingly, proper situs of venue). The third
possible location for a breach of contract action is the location where the breach manifests
itself and damages are made evident from that breach. It is not, as the trial court ruled, a
reference to the physical locale in which a plaintiff’s monetary harm is most acutely felt.26
In many instances, this location will be the same location as the breach. As we recognized
in Wetzel County Savings & Loan, however, the county where the damages occur may be a
distinct location from the county in which the breach occurred. 156 W.Va. at 698, 195
S.E.2d at 736.
26
There is simply no basis in the law for identifying a plaintiff’s residence as the
location where substantial damage occurs based on a perceived reduction in the flow of
income to that county as a result of the contractual breach. Critically, the place where the
damages are made manifest is not the location of the plaintiff’s wallet or pocketbook but
instead the physical locale where the damages flowing from the breach are first made
evident.
16
Looking at the nature of the alleged breach of contract in this case, Mr. Roberts
is asserting that the breach occurred by “materially and unilaterally altering the terms under
which [he] was employed.” In support of this claim, Mr. Roberts alleges that the petitioners
“manipulat[ed] dealership sales figures in a calculated effort to deprive Plaintiff of
compensation he should have received based on his employment agreement.” Assuming,
arguendo, the truth of this averment regarding sales figure manipulation aimed at reducing
Mr. Roberts’ income, the situs of the contractual breach would have been Logan County
where the dealership was located. Not only was Logan County the location of the alleged
breach of the employment contract but it was also the location where the damages resulting
from the alleged breach of contract would have manifested. Upon application of the general
venue statute provisions to this case, there is a complete convergence of result: Logan
County is the place where the cause of action for an alleged breach of contract arose.27 See
W.Va. Code § 56-1-1.
IV. Conclusion
Given the fact that West Virginia Code § 56-1-1 prescribes that a civil action
shall be brought where the individual defendants reside, where a corporate defendant has
a principal place of business, or where the cause of action arose, and given the facts of the
27
Each of the three additional causes of action Mr. Roberts has alleged against the
petitioners (age discrimination, unlawful retaliation, and unpaid wages) would have similarly
arisen in Logan County.
17
present case, this Court can only conclude that the trial court erred in ruling that venue lies
in Kanawha County. Based upon the foregoing, we grant the writ of prohibition.
Writ granted.
18