No. 20-1818

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.

Lower Court: West Virginia
Docketed: 2021-06-30
Status: Denied
Type: Paid
Response Waived
Tags: 14th-amendment civil-rights court-precedent due-process motion-to-dismiss standing suicide suicide-litigation wrongful-death
Key Terms:
DueProcess FourthAmendment
Latest Conference: 2021-09-27
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. 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 14°" Amendment. 2. Should a Motion to Dismiss be granted, when the evidence presented by the Defendants is based solely on the fact that the Plaintiff’s decedent died from suicide? 3. 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. 4, Whether the West Virginia Supreme Court’s decision is a violation of the State Court legislation outlined in West Virginia Code §55-7B-1 et seq. 5. 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 14" Amendment?

Docket Entries

2021-10-04
Petition DENIED.
2021-08-11
DISTRIBUTED for Conference of 9/27/2021.
2021-07-30
Waiver of right of respondent Dr. Clark David Adkins, Bone and Joint Surgeons, Inc. to respond filed.
2021-07-26
Waiver of right of respondent Muhammed Samar Nasher-Alneam, Neurology & Pain Center, PLLC to respond filed.
2020-12-18
Petition for a writ of certiorari filed. (Response due July 30, 2021)

Attorneys

Ashlee R. Hull, et al.
Ashlee R. Hull — Petitioner
Dr. Clark David Adkins, Bone and Joint Surgeons, Inc.
J. Dustin DillardFlaherty Sensabaugh Bonasso, PLLC, Respondent
Muhammed Samar Nasher-Alneam, Neurology & Pain Center, PLLC
Denver C. Offutt Jr.Offutt Nord, PLLC, Respondent