Persinger v. Carmazzi

NEELY, Justice:

This matter is before this Court pursuant to W.Va.Code 51-1A-1 et seq. [1976] 1 on an order of certification from the United States Court of Appeals for the Fourth Circuit. We would point out initially that we are not sitting as an appellate court. Rather, pursuant to W.Va.Code 51-1A-1 [1976] our job is simply to answer the questions of law posed by the Fourth Circuit. Thus, we assume the findings of fact given us in the Fourth Circuit Certification Order are correct. See Mustafis v. Erie Insurance Exchange, 174 W.Va. 660, 328 S.E.2d 675 (1985).

The findings of fact certified by…