Charles K. Blake, Sr., and Adelia A. Blake, Plaintiffs Below, Appellants v. Charleston Area Medical Center, Inc., A…

Summary

The West Virginia Supreme Court reversed a circuit court order dismissing the Blakes' fraud and misrepresentation suit against Charleston Area Medical Center on res judicata grounds. The court consolidated prior authority into a three-element test for res judicata and held that the fraud/misrepresentation exception precluded application of the doctrine where the plaintiffs could not have discovered their claims until after the prior default judgment. The court also held the record was insufficiently developed for summary disposition and remanded for further proceedings.