State ex rel. McLaughlin v. West Virginia Court of Claims

(Filed July 6, 2001)

As the majority notes in footnote 8, supra, there is a great “potential for inequity inherent in the current statutory scheme.” Nonetheless, the majority goes on to deny the petitioner relief by making use of our current, inequitable statutory scheme.

First I disagree with the majority’s interpretation of the duty of the Court of Claims to re-docket the petitioner’s claim, for that portion of the award in excess of the insurance coverage. As the majority notes, Ms. McLaughlin was able to file suit in the ordinary courts of this state by virtue of W. Va.Code § 29-12-1, et…