Legal Opinion
Davis v. Sheppe
West Virginia Supreme Court
Decided April 22, 1992No. 20166PublishedCited by 13 opinions
1Opinion of the Court
MILLER, Justice:
The plaintiff below, David Paul Davis, appeals a June 21,1990 order of the Circuit Court of Kanawha County which dismissed his medical malpractice suit. The basis for the dismissal was plaintiff’s counsel’s failure to appear at trial.
This case had originally been set for trial on May 14, 1990, and the parties appeared on this date. However, the trial court advised the parties that “this case is the fifth one down.” As a consequence, they were placed on standby, with the court making this statement as to the subsequent arrangement for the trial:
“All right, Mr. Snyder, Mr.…
2Cases cited28 opinions
- Link v. Wabash RailroadSupreme Court of the United States · 1962
- Wayne Boudwin v. Graystone Insurance Company, Ltd.Court of Appeals for the Fifth Circuit · 1985
- Clayton E. Durham v. Florida East Coast Railway CompanyCourt of Appeals for the Fifth Circuit · 1967
- Herman GONZALEZ, Etc., Plaintiff-Appellant, v. FIRESTONE TIRE & RUBBER CO. Et Al., Defendants-AppelleesCourt of Appeals for the Fifth Circuit · 1980
- Toler v. SheltonWest Virginia Supreme Court · 1974
23 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Cox v. StateWest Virginia Supreme Court · 1995
- State ex rel. McDowell County Sheriff's Department v. StephensWest Virginia Supreme Court · 1994
- Kiser v. CaudillWest Virginia Supreme Court · 2001
- Foster v. Good Shepherd Interfaith Volunteer Caregivers, Inc.West Virginia Supreme Court · 1998
- Tolliver v. MaxeyWest Virginia Supreme Court · 2005
8 more not listed; retrieve them via the Exa API.