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Ashlee R. Hull, Individually and in Her Capacity as Co-Executrix of the Estate of John Edward Hull, Sr., et al. v. Muhammed Samar Nasher-Alneam, et al.
Paid petition · Supreme Court of Appeals of West Virginia, No. 18-1028 · judgment February 24, 2020
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Whether the denial of a person’s right to pursue litigation based solely on the fact that the person died via suicide is a violation of the 14th Amendment.
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Should a Motion to Dismiss be granted, when the evidence presented by the Defendants is based solely on the fact that the Plaintiffs decedent died from suicide?
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The West Virginia Supreme Court disregards the due process problem created by the Court’s precedent disallowing representatives of persons who died from suicide from pursing a wrongful death lawsuit.
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Whether the West Virginia Supreme Court’s decision is a violation of the State Court legislation outlined in West Virginia Code §55-7B-l et seq.
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Is the West Virginia Supreme Court’s failure to recognize recovery by a plaintiff based upon a cause of action for wrongful death by suicide where the defendant is found to have actually caused the suicide a violation of the 14th Amendment?
Counsel of record
For petitioner
Ashlee R. Hull
For respondent
Denver C. Offutt Jr.
Offutt Nord, PLLC
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 04 2021Petition DENIED.
- Aug 11 2021DISTRIBUTED for Conference of 9/27/2021.
- Jul 30 2021Waiver of right of respondent Dr. Clark David Adkins, Bone and Joint Surgeons, Inc. to respond filed.
- Jul 26 2021Waiver of right of respondent Muhammed Samar Nasher-Alneam, Neurology & Pain Center, PLLC to respond filed.
- Dec 18 2020Petition for a writ of certiorari filed. (Response due July 30, 2021)