'A Plurality of Opinions' Exist Regarding Expert Immunity, Says W.Va. Appeals Court

[Editor's Note: Although this decision does not result from a mold dispute, HarrisMartin editors feel it could have an impact on the future of mold-related cases.]

CHARLESTON, W.Va. - According to a recent opinion of West Virginia's Supreme Court of Appeals, rulings in other jurisdictions that hold that expert witnesses may be held liable in some circumstances for negligence in the preparation of evidence or opinions demonstrate a good faith argument for extension of the law of witness immunity in West Virginia.

This April 26 per curiam opinion fostered a May 8 dissenting opinion stating that the majority's decision "has …