Michael v. Henry

NEELY, Justice:

This original prohibition presents three interesting discovery issues arising from a wrongful death action currently pending in the Circuit Court of Berkeley County. The plaintiff sued the West Virginia Board of Regents, James M. Carrier, M.D., Timothy Bowers, M.D., and Gerald T. Golden, M.D. for alleged malpractice resulting in the death of his wife. We granted a rule to show cause pursuant to Syl. Pt. 1 of Hinkle v. Black, 164 W.Va. 112, 262 S.E.2d 744 (1979), which states:

In determining whether to grant a rule to show cause in prohibition when a court is not acting in excess…