Motto v. CSX TRANSPORTATION, INC.
West Virginia Supreme Court
1Opinion of the Court
BENJAMIN, Justice:
The instant matter comes before this Court upon an Order of Certification entered by the Circuit Court of Kanawha County, West Virginia, on May 17, 2006. In that order, the circuit court presented two questions regarding its discretion to waive the statutory notice required in actions governed by W. Va.Code §§ 55-17-1, et seq. (2002), and its discretion to stay proceedings for thirty days to allow for compliance with statutory provisions when an action is filed without the required pre-suit notice. The circuit court found that it had such discretion in both instances. We…
Also in this document: Concurring in part, dissenting in part.
2Cases cited34 opinions
- Chrystal R.M. v. Charlie A.L.West Virginia Supreme Court · 1995
- Smith v. State Workmen's Compensation CommissionerWest Virginia Supreme Court · 1975
- University of Texas Southwestern Medical Center v. LoutzenhiserTexas Supreme Court · 2004
- State v. EpperlyWest Virginia Supreme Court · 1951
- Jeanina Celestine v. Mount Vernon Neighborhood Health Center, United States of America, No. 04-0839-CvCourt of Appeals for the Second Circuit · 2005
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3Cited by20 opinions
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- State Ex Rel. Ridge v. West Virginia Department of Health & Human ResourcesWest Virginia Supreme Court · 2016
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