In The News

Writ of Prohibition Denied

11/29/2006

Recently, John Tinney and John Cecil successfully represented Margaret Ann Bates before the Supreme Court of Appeals of West Virginia. See, State ex rel. Valley Radiology, Inc. v. Gaughan, 2006 WL 3455218 (W.Va. 2006).

At the trial court level, a jury found defendants liable for the death of Mrs. Bates' husband; however, the jury failed to award damages, despite the fact that damages were uncontested. The trial court subsequently ordered a new trial on the issues of damages only and the defendants sought a Writ of Prohibition from the West Virginia Supreme Court. The Tinney Law Firm was retained to represent Mrs. Bates before the Supreme Court.

The Supreme Court unanimously denied the writ of prohibition and Mrs. Bates may now proceed in the trial court solely on the issue of damages.