STATE EX REL. McLAUGHLIN v. COURT OF CLAIMS

No. 28716.

549 S.E.2d 286 (2001)

209 W.Va. 412

STATE of West Virginia ex rel. Patricia E. McLAUGHLIN, by Her Committee, Cynthia J. Ward, Petitioner, v. The WEST VIRGINIA COURT OF CLAIMS, David M. Baker and Benjamin Hays Webb, II, Judges of the West Virginia Court of Claims, and Cheryl M. Hall, Clerk of the West Virginia Court of Claims, Respondents. The West Virginia Department of Transportation, Division of Highways, Intervenor.

Supreme Court of Appeals of West Virginia.

Decided February 22, 2001.

Dissenting Opinion of Chief Justice McGraw July 6, 2001.


Attorney(s) appearing for the Case

Robert P. Fitzsimmons, Joseph J. John, Wheeling, for the Petitioner.

Michael R. Crane, Forman & Crane, M.E. "Mike" Mowery, Jennifer Bailey Walker, Charleston, for the Respondents.

Anthony G. Halkias, Charleston, for the Intervenor.


PER CURIAM.

Petitioner Patricia E. McLaughlin, by committee, requests that this Court issue a writ of mandamus directing the Respondent Court of Claims to re-docket her claim for its consideration and requiring the Court of Claims to apply the doctrines of res judicata or collateral estoppel to give effect to a jury verdict of the Circuit Court of Marshall County, returned in her favor against the West Virginia Department of Transportation, Division of Highways...

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