STATE of West Virginia ex rel. Jack CRAFTON, Helen Crafton, Ricky Scarbro, Carrie Scarbro, Vernon "Gene" Atkinson, John D. Ellison, Tina Ellison, Matthew Griffith, Juanita Dawn Griffith, Roger Moles, Grace Moles, Jerry Workman, Linda Workman, Thomas Atkins and Martha Atkins, Petitioners,
v.
Honorable Robert A. BURNSIDE, Jr., Judge of the Circuit Court of Raleigh County; Belt Service, Inc.; Quality Belt Vulcanizers, Inc.; C & E Mine Belt Service, Inc.; Scandura; Goodyear Tire & Rubber Company; Pang Rubber Company; ITW Devcon; Koch Refining Company; Normac Adhesive Products, Inc.; Lewis-Goetz and Company, Inc.; West Virginia Belt Sales and Repair, Inc.; Linatex Corporation of America; Belt Specialty Corporation; Elkay Mining Company; Island Creek Corporation; Eastern Associated Coal Corporation; Consolidation Coal Company; Beth Energy Mines, Inc.; Cannelton, Inc.; and other unknown John Doe business entities, Respondents.
Supreme Court of Appeals of West Virginia.https://leagle.com/images/logo.png
Submitted January 11, 2000.
Decided January 28, 2000.
Dissenting Opinion of Justice Scott February 2, 2000.
Attorney(s) appearing for the Case
Scott S. Segal, Esq., Scott E. Johnson, Esq., The Segal Law Firm, Charleston, West Virginia, Gary S. Wigal, Esq., Gianola, Barnum & Wigal, Morgantown, West Virginia, Attorneys for Petitioners.
Harold S. Albertson, Esq., Albertson & Jones, Charleston, West Virginia, Attorney for Linatex Corporation of America.
L. John Argento, Esq., Dickie, McCamey & Chilcote, Pittsburgh, Pennsylvania, Attorney for Lewis-Goetz and Company, Inc. dba Gooding Rubber Company.
Eric K. Falk, Esq., Davies, McFarland & Carroll, Inc., Pittsburgh, Pennsylvania, Attorney for ITW Devcon and Goodyear Tire & Rubber Company.
Michael M. Fisher, Esq., Offutt, Fisher & Nord, Huntington, West Virginia, Attorney for Scandura.
M. Shane Harvey, Esq., Jackson & Kelly, Charleston, West Virginia, Attorney for Elkay Mining Co., Island Creek Corporation, Beth Energy Mines, Inc., and Cannelton, Inc.
Timothy M. Miller, Esq., Christopher B. Power, Esq., Robinson & McElwee, Charleston, West Virginia, Attorneys for Eastern Associated Coal Corporation.
Richard L. Lancianese, Esq., Baker, Lancianese & Smith, Huntington, West Virginia, Attorney for Quality Belt Vulcanizers, Inc.
Anita R. Casey, Esq., Cynthia A. Majestro, Esq., MacCorkle, Lavender & Casey, Charleston, West Virginia, Attorneys for Patch Rubber Co.
Glenn Murphy, Esq., Heather M. Wright, Esq., McQueen, Harmon & Potter, Charleston, West Virginia, Attorneys for Pang Rubber Company.
Kenneth Willman, Esq., Concetta A. Silvaggio, Esq., Willman & Arnold, Pittsburgh, Pennsylvania, Attorneys for Belt Service, Inc. and C & E Mine Belt Service, Inc.
Supreme Court of Appeals of West Virginia.
STARCHER, Justice:
In this case we hold that the circuit court should allow the plaintiffs to withdraw their consent to a bifurcated trial procedure to which their initial counsel had consented.
I.
Facts & Background
In the instant case, we address a request for a writ of prohibition by the plaintiffs in several pending cases in the Circuit Court of Raleigh County. These cases have been consolidated, although the limited record...
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