STATE EX REL. WARD v. HILL

No. 23989.

489 S.E.2d 24 (1997)

200 W.Va. 270

STATE of West Virginia ex rel. Linda WARD, as Executrix of the Estate of L. David Ward, and Linda Ward, Individually and as Mother and Next Friend of Isaac Willard Ward, Benjamin David Ward, Tiffany Sheree Ward and Kenneth Ryan Ward, Petitioners, v. Honorable George W. HILL, Jr., Judge of the Circuit Court of Wood County; F.G. Powderly, M.D.; Bruce Pierson, Jr., M.D.; and Jorge E. Prieto, M.D., Respondents.

Supreme Court of Appeals of West Virginia.

Decided July 2, 1997.


Attorney(s) appearing for the Case

J. Robert Rogers, William deForest Thompson, Hurricane, for Petitioners.

George W. Hill, Jr., pro se, Parkersburg.

William F. Foster, II, Jacobson, Maynard, Tuschman & Kalur, Charleston, for Respondent F.G. Powderly, M.D.

Stephen M. Fowler, Benjamin T. Hughes, Pullin, Knopf, Fowler & Flanagan, for Respondent Bruce Pierson, Jr., M.D.


STARCHER, Justice.

This original proceeding for a writ of prohibition asks this Court to vacate a January 24, 1997 ruling of the Circuit Court of Wood County allowing the defendants who remain in the underlying case to use the expert witnesses designated by the defendant who settled his portion of the case. The relators raise two questions in their petition: first, did the circuit court violate Rule 6(d) [1978] of the

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