H. B. 2715
(By Delegates Hendricks and Dempsey)
[Introduced March 25, 1993; referred to the
Committee on the Judiciary.]
A BILL to amend article seven, chapter fifty-five of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
eighteen, relating to actions for injuries and providing
that in every action for injury, the losing party shall pay
legal fees, court costs and expenses of the prevailing
party.
Be it enacted by the Legislature of West Virginia:
That article seven, chapter fifty-five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
eighteen, to read as follows:
ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-18. Fees, court costs and expenses.
Notwithstanding any other provision of the code to the
contrary, the losing party in any civil action shall be liable to
the prevailing party for all legal fees, court costs and expensesincurred by the prevailing party.
NOTE: The purpose of this bill is to make the losing party
in a civil action liable for the court costs, fees and expenses
of the prevailing party.
This section is new; therefore, strike-throughs and
underscoring have been omitted.