WW CONSULTANTS v. POCAHONTAS PUB. SERVICE

No. 21-0485.

888 S.E.2d 823 (2023)

WW CONSULTANTS, INC., Plaintiff/Counterclaim Defendant/Third-Party Plaintiff Below, Petitioner, v. POCAHONTAS COUNTY PUBLIC SERVICE DISTRICT, Defendant/Counterclaim Plaintiff Below, Respondent, and A-3 USA, Inc., Orders Construction Company, Inc., and Pipe Plus, Inc., Counterclaim Defendants/Third-Party Defendants Below, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: June 12, 2023.


Attorney(s) appearing for the Case

Lee Murray Hall, Esq. , Sarah A. Walling, Esq. , Jenkins Fenstermaker, PLLC, Huntington, West Virginia, Attorneys for the Petitioner.

Norman T. Daniels, Jr., Esq. , Thomas E. G. Spears, Esq. , Daniels Law Firm, PLLC, Charleston, West Virginia, Attorneys for Respondent, Pipe Plus, Inc.

Christopher D. Negley, Esq. , Michael D. Dunham, Esq. , Shuman McCuskey Slicer PLLC, Charleston, West Virginia, Attorneys for Respondent, Pocahontas County Public, Service District.

John D. Hoblitzell, III, Esq. , Camille E. Wartts, Esq. , Kay Casto & Chaney, PLLC, Charleston, West Virginia, Attorneys for Respondent, Orders Construction Company, Inc.

John W. Burns, Esq. , Gordon Rees Scully Mansukhani, LLP, Pittsburgh, Pennsylvania, Attorney for Respondent, A-3 USA, Inc.


In this appeal from pending litigation involving the construction of a wastewater treatment facility in Pocahontas County, WW Consultants, Inc. ("WWC"), the design engineer for the project, challenges various rulings by the business court that either dismissed or granted summary judgment to three third-party defendant contractors...

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