State Ex Rel. Cavender v. McCarty

In this original proceeding1 in prohibition, the petitioners, Otis L. Cavender and Marguerite Cavender, challenge a July 12, 1996, ruling of the Circuit Court of Roane County, West Virginia, Pursuant to that ruling, the respondent, the Honorable Charles E. McCarty, granted the motion of Billy Fouty and Patricia Fouty, also named as respondents, to conduct separate trials upon the issues of liability and damages in the underlying personal injury action. That action is styled Cavender v. Fouty, Civil Action No. 93-C-123, Roane County. The petitioners contend that the bifurcation of the…