Court Denies Venue Motion, Calls Venue Statute 'Irredeemably Inconsistent'

CHARLESTON, W.Va. -- A West Virginia Circuit Court has denied a motion to dismiss on venue grounds, opining that the plaintiff had sufficiently established that the decedent, who never lived or worked in West Virginia, was exposed to asbestos by way of events that occurred in the state. In re: Asbestos Personal Injury Litigation; Wagner v. 20th Century Glove Corp. of Texas, et al., No. 03-C-9600; 05-C-1833 (W.Va. Cir. Ct., Kanawha Cty.).

In the May 12 memorandum order, the Circuit Court for Kanawha County also questioned its duty under the state's venue statute which asks trial court judges to factor …