Cases

Adda Motto, et al. v. CSX Transportation, Inc., et al.

Case Number:
33205
Case Date:
14-02-2007
Case Issue:

The circuit court certifies two questions regarding what discretion a court may have when a plaintiff fails to comply with the pre-suit provisions of W.Va. Code §§ 55-17-1 through 5 before filing suit against a government agency.
CERTIFIED QUESTIONS PRESENTED

1. Is there discretion for the Court to waive the mandatory notice provisions of W.Va. Code §§ 55-17-1 through 5 absent a showing of good cause?
Circuit Court's Answer: Yes.

2. Does the Circuit Court have discretion to stay proceedings for thirty days to allow time to comply with the provisions of W.Va. Code §§ 55-17-1 through 5 after suit has been filed before notice has been given?
Circuit Court's Answer: Yes.