West Virginia Code 55-7G-8 – Procedures
(a) Evidence relating to the prima facie showings required under this article shall not create any presumption that the exposed person has an asbestos-related or silica-related injury or impairment and shall not be conclusive as to the liability of any defendant.
Terms Used In West Virginia Code 55-7G-8
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) No evidence shall be offered at trial, and the jury shall not be informed of:
(1) The grant or denial of a motion to dismiss an asbestos or silica action under the provisions of this article; or
(2) The provisions of this article with respect to what constitutes a prima facie showing of asbestos or silica-related impairment.
(c) Until a court enters an order determining that the exposed person has established prima facie evidence of impairment, no asbestos or silica action shall be subject to discovery, except discovery related to establishing or challenging the prima facie evidence or by order of the trial court upon motion of one of the parties and for good cause shown.
(d) Consolidation of cases. —
(1) A court may consolidate for trial any number and type of nonmalignant asbestos or silica actions with the consent of all the parties. In the absence of such consent, the court may consolidate for trial only asbestos or silica actions relating to the exposed person and members of that person's household.
(2) No class action or any other form of mass aggregation relating to more than one exposed person and members of that person's household shall be permitted.
(3) The provisions of this subsection do not preclude consolidation of cases by court order for pretrial or discovery purposes.