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STATE EX REL. VEDDER v. ZAKAIB

No. 32266.

618 S.E.2d 537 (2005)

217 W.Va. 528

STATE of West Virginia ex rel. Nancy VEDDER, Petitioner, v. Honorable Paul ZAKAIB, Jr., Judge of the Circuit Court of Kanawha County; and Nationwide Mutual Insurance Company, Respondents.

Supreme Court of Appeals of West Virginia.

Decided May 16, 2005.

Concurring Opinion of Justice Benjamin June 15, 2005.

Attorney(s) appearing for the Case

Christopher J. Heavens, Esq., Heavens Law Offices, Charleston, for Nancy Vedder.

Michelle Roman Fox, Esq., Martin & Seibert, L.C., Charleston, for Angela Owens & Nationwide Mutual Insurance Company.

Andrew P. Workman, Esq., Law Offices of Dana F. Eddy, Charleston, for Nationwide Mutual Insurance Company.

MAYNARD, Justice.

Petitioner, Nancy Vedder, seeks a writ of mandamus from this Court to compel the Circuit Court of Kanawha County to grant Petitioner's motion to amend her complaint to add a cause of action for spoliation of evidence against Respondent Nationwide Mutual Insurance Company. For the reasons that follow, we deny the requested writ.

I.

FACTS

On March 16, 2001, Petitioner Nancy Vedder was driving her husband's 1997 Toyota 4Runner...

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