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HILL BY HILL v. SHOWA DENKO, K.K.

No. 20904.

425 S.E.2d 609 (1992)

188 W.Va. 654

Sylvia HILL, By Her Committee, Donald HILL; and Donald Hill, Committee for Sylvia HILL, Plaintiff Below, Appellants, v. SHOWA DENKO, K.K., a Japanese Corporation; Showa Denko America, Inc., a New York Corporation; P. Leiner Nutritional Products, Inc., of Delaware, a Delaware Corporation; P. Leiner Nutritional Products Corp., a California Corporation; Rite Aid Corporation, a Delaware Corporation; Rite Aid of West Virginia, Inc., a West Virginia Corporation, Defendants Below, Showa Denko, K.K., a Japanese Corporation, Appellee.

Supreme Court of Appeals of West Virginia.

Decided December 17, 1992.

Attorney(s) appearing for the Case

Marvin W. Masters and Barbara H. Lupton, Masters & Taylor, Charleston, for appellants.

P. Michael Pleska, Fazal A. Shere, Bowles, Rice, McDavid, Graff & Love, Charleston, Richard W. Hulbert, Cleary, Gottlieb, Steen & Hamilton, New York City, and Richard deC. Hinds, Sara D. Schotland, and Matthew D. Slater, Cleary, Gottlieb, Steen & Hamilton, Washington, DC, for appellee, Showa Denko K.K.

BROTHERTON, Justice:

This case involves the appeal of Sylvia and Donald Hill from the June 18, 1991, order of the Circuit Court of Kanawha County in which Showa Denko K.K. (SDK) was dismissed from a lawsuit filed by the Hills against SDK and several other parties. In that order, Judge Hey found that West Virginia could not exercise personal jurisdiction over SDK.

On December 22, 1988, Sylvia Hill became ill while taking a drug L-tryptophan for a sleep disorder...

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