STATE EX REL. DUNLAP v. BERGER

No. 30035.

567 S.E.2d 265 (2002)

211 W.Va. 549

STATE of West Virginia ex rel. James DUNLAP, Petitioner, v. Honorable Irene C. BERGER, Judge of the Circuit Court of Kanawha County, and Friedman's, Inc., dba Friedman's Jewelers, et al., Respondents.

Supreme Court of Appeals of West Virginia.

Decided June 13, 2002.


Attorney(s) appearing for the Case

David L. Grubb, Esq., John W. Barrett, Esq., Grubb Law Group, Brian A. Glasser, Esq., Bailey & Glasser, Charleston, West Virginia, Attorneys for Petitioner.

Gregory R. Hanthorn, Esq., Jones, Day, Reavis & Pogue, Atlanta, GA, Pro Hac Vice for Respondent, Friedman's, Inc.

P. Michael Pleska, Esq., Fazal A. Share, Esq., Ronda L. Harvey, Esq., Bowles, Rice, McDavid, Graff & Love, Charleston, West Virginia, Attorneys for Respondent, Friedman's, Inc.

Harry Deitzler, Esq., Hill, Peterson, Carper, Bee & Deitzler, Charleston, Michael J. Quirk, Esq., Khalid Elhassan, Esq., Trial Lawyers for Public Justice, Washington, DC, for Amicus Curiae, Trial Lawyers for Public Justice.

Charles L. Woody, Esq., Spilman, Thomas & Battle, Charleston, for American Banks Ins. Co. and American Bankers Life Assurance Co.

Farrokh Jhabvala, Esq., Jorden, Burt LLP, Miami, FL, Pro Hac Vice for Respondent, American Banks Ins. Co. and American Bankers Life Assurance Co.


STARCHER, Justice:

In the instant case, Mr. James Dunlap,1 who is a plaintiff below and the petitioner before this Court, claims in a civil lawsuit filed in May of 2000 in the Circuit Court of Kanawha County that Friedman's, Inc., a jewelry store chain doing business in West Virginia ("Friedman's"); Friedman's insurance company partners, American Bankers Insurance Company of Florida and American...

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