Cases

Jennifer Baker, et al. V. Morgan County War Memorial Hospital, et al.

Case Number:
35298
Case Date:
14-04-2010
Case Issue:

Defendants appeal from the circuit court's order granting partial summary judgment in favor of plaintiffs on their claim for termination of a defined benefit pension plan. The circuit court ordered the distribution of the residual assets of the pension plan to the plaintiff participants after all liabilities of the plan have been satisfied. The circuit court directed entry of the Final Order as to the plan termination to allow its order to be appealed to this Court seeing no just reason for delay on the issue of plan termination. Defendants request that this Court accept their petition for appeal pursuant to Rule 54(b) of the West Virginia Rules of Civil Procedure as this is an appeal from a liability judgment and the distribution of the surplus is mostly a ministerial act within the meaning of C&O Motors, Inc. v. West Virginia Paving, Inc., 223 W.Va. 469, 677 S.E.2d 905 (2009).