Hustead v. Ashland Oil, Inc.

WORKMAN, Justice:

This case is before the Court upon the appeal of F. Jane Hustead, the guardian ad litem of 118 infant Plaintiffs in the Ashland Oil, Inc. (sometimes referred to as “Ash- land”) suit, 1 from the May 11, 1995, final order of the Circuit Court of Cabell County dismissing with prejudice of a declaratory judgment action. The Appellant argues that the circuit court erred: 1) in holding that the waivers of the infants’ future right to a jury trial and the right to sue for punitive damages in any future unaccrued cause of action against the Appellee for emissions associated with the…