MacE v. Mylan Pharmaceuticals, Inc.

WORKMAN, Chief Justice:

The plaintiff below and appellant herein, Randy L. Mace (“Mr. Mace”), as personal representative of the Estate of Kathy W. Mace (“Ms. Mace”), appeals from an order of the Circuit Court of Monongalia County, West Virginia, dismissing his wrongful death lawsuit on the basis of forum non conveniens. Applying West Virginia Code § 56-1-la (Supp.2010), the foi'um non conveniens statute, the circuit court concluded that North Carolina, the state in which the action accrued, is a more convenient forum for Mr. Mace’s claims. Mr. Mace contends, however, that he is unable to try…