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STATE EX REL. W.VA. DHHR v. KAUFMAN

Nos. 24904, 24905.

506 S.E.2d 93 (1998)

203 W.Va. 56

STATE of West Virginia ex rel. WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES, Petitioner, v. Honorable Tod J. KAUFMAN, Judge of the Circuit Court of Kanawha County, and Inez D.B., Administratrix of the Estate of Alisha Nicole B., Respondents. STATE of West Virginia ex rel. WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES and Jessica Miller-Presutti, Petitioners, v. Honorable Christopher C. WILKES, Judge of the Circuit Court of Jefferson County, and Matthew S., an Infant by and Through his Guardian and Next Friend, Frank S., Respondents.

Supreme Court of Appeals of West Virginia.

Decided July 10, 1998.

Attorney(s) appearing for the Case

W. Randolph Fife, Jan L. Fox, Ancil G. Ramey, Steptoe & Johnson, Charleston, for Petitioner.

James I. Stealey, Goldenberg, Goldenberg & Stealey, Parkersburg, and Gregory W. Sproles, Breckinridge, Davis, Sproles & Stollings, Summersville, and Joseph P. Albright, Albright, Bradley & Ellison, Charleston, for Inez B., Administratrix.

Lucien G. Lewin, Tracy B. Dawson, Ancil G. Ramey, Steptoe & Johnson, Charleston, for Petitioners.

F. Samuel Bryer, John C. Skinner, Nichols & Skinner, Charles Town, and Bertram M. Goldstein, Jeffrey S. Goldstein, Andrew L. Saum, Bertram Goldstein & Associates Baltimore, MD, for Matthew S.

PER CURIAM:1

The West Virginia Department of Health and Human Resources (hereinafter "DHHR") seeks writs of prohibition to prevent enforcement of denials of summary judgment in personal injury and wrongful death matters in which DHHR contends that it is immune from suit based upon (1) statutory immunity; (2) quasi-judicial immunity; (3) common-law doctrine of qualified immunity and no violation of a clearly established right; and (4) absence...

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