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STATE EX REL. HUFFMAN v. STEPHENS

No. 26422.

526 S.E.2d 23 (1999)

206 W.Va. 501

STATE of West Virginia ex rel. Dollie HUFFMAN, Administratrix of the Estate of Kayla Rene Huffman, Petitioner, v. Honorable Booker T. STEPHENS, Judge of the Circuit Court of McDowell County; Joseph P. Nieto, D.O.; Laboratory Corporation of America Holdings, a Non-Resident Corporation; and Princeton Community Hospital Association, Inc., a West Virginia Corporation, Respondents.

Supreme Court of Appeals of West Virginia.

Decided December 9, 1999.

Dissenting Opinion of Justice Maynard December 15, 1999.

Attorney(s) appearing for the Case

J. Franklin Long, Esquire, Bluefield, West Virginia, Attorney for Petitioner.

Susan O. Phillips, Esquire, Ancil G. Ramey, Esquire, Steptoe & Johnson, Charleston, West Virginia, Attorneys for Respondent Joseph P. Nieto, D.O.

A.L. Emch, Esquire, Lynn Oliver Frye, Esquire, Katherine Venti, Esquire, Jackson & Kelly, Charleston, West Virginia, Attorneys for Respondent Laboratory Corporation of America Holdings.

Thomas V. Flaherty, Esquire, W.E. Sam Fox, II, Esquire, Flaherty, Sensabaugh & Bonasso, Charleston, West Virginia, Attorneys for Respondent Princeton Community Hospital Association, Inc.

PER CURIAM:

In this proceeding in prohibition, the relator Dollie Huffman, as Administratrix of the Estate of Kayla Rene Huffman, prays that this Court issue a writ of prohibition prohibiting the respondent Judge of the Circuit Court of McDowell County from transferring to Mercer County a wrongful death action instituted by her in the Circuit Court of McDowell County. The respondent argues that such a transfer is appropriate because the Circuit Court of Mercer County...

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