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STATE EX REL. ERIE FIRE INS. v. MADDEN

No. 25016.

515 S.E.2d 351 (1999)

204 W.Va. 606

STATE of West Virginia ex rel. ERIE FIRE INSURANCE COMPANY and West Virginia Farmers Mutual Insurance Company, et al., Petitioners, v. Honorable John T. MADDEN, Judge of the Circuit Court of Marshall County, and Meagan Barker, an Infant, by Her Guardian, and Bradley Barker Individually and on Behalf of All Others Similarly Situated, Respondents.

Supreme Court of Appeals of West Virginia.

Decided July 14, 1998.

Filed as Modified September 8, 1998.

Attorney(s) appearing for the Case

Thomas V. Flaherty, Esq., Flaherty, Sensabaugh & Bonasso, Charleston, West Virginia, Attorney for all Petitioners.

Robert G. Steele, Esq., J. Greg Goodykoontz, Esq., Amy M. Smith, Esq., Steptoe & Johnson, Clarksburg, West Virginia, Attorneys for Erie Insurance Company.

Catherine D. Munster, Esq., James A. Varner, Esq., Gene W. Bailey, II, Esq., McNeer, Highland, McMunn & Varner, Clarksburg, West Virginia, Attorneys for

West Virginia Farmers Mutual Insurance Co.

Robert P. Fitzsimmons, Esq., Michael W. McGuane, Esq., Thomas C. Schultz, Esq., Wheeling, West Virginia, Attorneys for Respondents.

Evan H. Jenkins, Esq., Charleston, West Virginia, Attorney for Amicus Curiae, West Virginia Chamber of Commerce.

PER CURIAM:1

In the instant case, we grant a writ of prohibition and require the Circuit Court of Marshall County to dismiss several hundred insurance companies as defendants, because the named plaintiff in a class action lawsuit did not establish that there was a "juridical link" among the companies.

I.

This is a writ of prohibition in which this Court is asked to rule that the Circuit Court of Marshall County erred...

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