Civil Procedure Keyed to Friedenthal
State ex. rel. Sivnksty v. Duffield
Sivnksty, Petitioner, a non-resident of Gilmer County, traveled into Gilmer County, West Virginia for the Fourth of July vacation weekend. While in Gilmer County, Petitioner accidentally hit two children with his automobile. Petitioner was arrested and then incarcerated for reckless driving in Gilmer County arising from the car accident with the children. While in jail, Petitioner was served with a civil lawsuit regarding the injuries suffered by one of the children. Petitioner could not afford bail and thus stayed in jail until he was tried and convicted of reckless driving. Petitioner filed a plea in abatement in the civil suit claiming that he was immune from process while he was in jail. The lower court sustained a demurrer to the plea and abatement and Petitioner filed a writ of prohibition to the Supreme Court of Appeals of West Virginia.
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