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STATE EX REL. W.VA. DCR v. FERGUSON

No. 22-777.

889 S.E.2d 44 (2023)

STATE of West Virginia EX REL. WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION, Petitioner, v. Honorable Alfred E. FERGUSON, Judge of the Circuit Court of Cabell County, West Virginia, and Mary Jane McComas, as Administratrix of the Estate of Deanna R. McDonald, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: June 8, 2023.

Attorney(s) appearing for the Case

Lou Ann S. Cyrus, Esq. , Kimberly M. Bandy, Esq. , Shuman McCuskey Slicer PLLC, Charleston, West Virginia, Counsel for the Petitioner.

W. Jesse Forbes, Esq. , Forbes Law Offices, PLLC, Charleston, West Virginia, Michael A. Woelfel, Esq. , Woelfel & Woefel, LLP, Huntington, West Virginia, Amanda J. Davis, Esq. , L. Dante diTrapano, Esq. , D. Christopher Hedges, Esq. , Calwell Luce diTrapano PLLC, Charleston, West Virginia, Counsel for the Respondents.

The Petitioner, the West Virginia Division of Corrections and Rehabilitation ("DCR"), invokes our original jurisdiction seeking a writ of prohibition that, in effect, would dismiss a wrongful death lawsuit filed against it filed by Mary Jane McComas ("Ms. McComas"), administratrix of the estate of Deanna R. McDonald ("Ms. McDonald...

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