 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
In re Hopeman Brothers9/18/2002
Upon a Petition for a Writ of Mandamus
Upon consideration of the petition for writ of mandamus, papers filed in this proceeding, and argument of counsel, the Court is of opinion that the writ of mandamus shall not issue.
Petitioner is not entitled to the issuance of a writ of mandamus because petitioner failed to establish a clear and specific legal right to be enforced, or a duty which ought to be and can be performed. As this Court has stated:
"The writ of mandamus, known in England as a high prerogative writ, is justly regarded in this country as one of the highest writs known to our system of jurisprudence; and it only issues when there is a clear and specific legal right to be enforced, or a duty which ought to be and can be performed, and where there is no other specific and adequate legal remedy. The right which it is sought to protect must therefore be clearly established, and the writ is never granted in doubtful cases." Hertz v. Times-World Corp., 259 Va. 599, 608, 528 S.E.2d 458, 463 (2000) (quoting Tyler v. Taylor, 70 Va. (29 Gratt.) 765, 766-67 (1878)); accord Town of Front Royal v. Front Royal and Warren County Indus. Park Corp., 248 Va. 581, 584, 449 S.E.2d 794, 796 (1994) (right involved and the duty sought to be enforced must be clear and certain); Richmond-Greyhound Lines v. Davis, 200 Va. 147, 151-52, 104 S.E.2d 813, 816 (1958); Hall v. Stuart, 198 Va. 315, 323-24, 94 S.E.2d 284, 290 (1956); Milliner's Adm'r v. Harrison, 73 Va. (32 Gratt.) 422, 426 (1879).
Accordingly, the petition for writ of mandamus is dismissed.
JUSTICE LEMONS, with whom JUSTICE LACY joins, dissenting.
The majority dismisses this petition for writ of mandamus, not because it approves the actions of the trial judge, but because it finds that "petitioner failed to establish a clear and specific legal right to be enforced, or a duty which ought to be and can be performed." I disagree and therefore, dissent.
This petition involves the consolidation and bifurcation of approximately 1,300 cases against 25 defendants concerning tort claims arising from the "design, manufacture, sale, distribution or installation of asbestos containing products in the Newport News Shipyard." On June 20, 2000, the trial court found "that consolidation of all the cases would adversely affect the rights of the parties to a fair trial." However, the trial court held that "the most appropriate method of docket management in these cases is the use of Code ยงรก8.01-374.1." Accordingly, the trial court directed that "consolidation shall be by categories agreed to by the parties or determined by the Court if the parties cannot agree." Apparently, the parties could not agree upon the categories, and at a hearing on July 27, 2000, the trial court stated: "At the next docket call, which will be in September, every case that has my name on it is going to be consolidated and I'm going to set the trial for the liability."
Thereafter, an order was entered setting the "consolidated liability trial" for "all asbestos personal injury cases pending before this Court in which plaintiff alleges exposure to asbestos-containing products during the course of their employment at Newport News Shipbuilding and Dry Dock Company and where plaintiff is represented by the Law Offices of Peter T. Nicholl" and including "the cases of all plaintiffs filed on or before January 31, 2001, against all defendants served with process on or before January 31, 2001." The case is currently set for trial beginning October 22, 2002.
According to the record before us and the representations made by counsel, neither the plaintiffs nor the defendants wish to proceed in this manne
Page 1 2 3 Virginia Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
By using the system, you agree to TERMS OF SERVICE
|