IN THE CIRCUIT COURT OF KANAWHA EGEIUE APR OG 2009 QUNTY, WEST VIRGINIA BRENT CARTER FLANARY, ae Plaintiff, lon No. 08-C-3925 Honorable Judge Kaufman POCAHONTAS COUNTY COMMISSION, etal., Defendants. ORDER DENYING CERTAIN DEFENDANTS’ MOTION TO DISMISS This matter came before this Court on March 20, 2009 for hearing on Certain Defendants’ Motion to Dismiss. Plaintiff appeared by counsel, John H. Bryan, and said Certain Defendants appeared by counsel, Robert P. Martin, Bailey & Wyant, PLLC. The Court heard the arguments of counsel. The Court has considered the instant motion and the memoranda in support and opposition thereto, the arguments of counsel, and the pleadings in this case and makes the following Order, to wit: FINDINGS OF FACT 1. The Plaintiff filed a complaint in the above-styled case alleging several causes of action against the several state agencies and officers, the Pocahontas County Commission and several of it's agents, as well as several private corporations and individuals, all of whom are based out of, or domiciled in, five (5) separate West Virginia counties. Among the counts included in the Complaint is Count Ten, petitioning for a Writ of Mandamus seeking prospective relief as against the State and the Pocahontas County Commission.2. The State defendants include several state agencies and officers based out of and domiciled in Kanawha County, including the West Virginia State Police and it's Superintendent, the West Virginia Department of Health and Human Resources and it's Secretary, the West Virginia Regional Jail and Correctional Facility Authority and it's Executive Director. 3. There are additionally other named State defendants who are based out of and domiciled in Randolph County, including Tygart Valley Regional Jail and it's ‘Administrator, Michael Martin, as well as named State defendants who are based out of and domiciled in Lewis County, including William R. Sharpe Jr., Hospital, it's Chief Executive Officer, Kevin P. Stalnaker, and several employees, namely, Ahmed Aboraya, Paramjt Chumber, Neil L. Mogge, Abe Adel, Nitin Malik, and Cherly France 4. Two named defendants, including Seneca health Services, Inc. and employee Donna L. Dean, are domiciled in and based out of Nicholas County. 5, The remaining named defendants are the Pocahontas County Commission and it's Sheriff's Department and Office of the Prosecuting Attorney, as well ‘as Snowshoe Mountain, Inc., Bill Rock and William Gillespie, and Pocahontas Memorial Hospital, all of whom are domiciled and based out of Pocahontas County. 6. The complaint alleges causes of action based on conduct that ocourred in Pocahontas County, Randolph County, and Lewis County, as well as Kanawha County and Nicholas County with respect to the allegations of respondeat superior and negligent training, hiring, and supervision.-CONCLUSIONS OF LAW 1. The Court addresses two seemingly contflicting venue provisions, W. Va. Code § 29-12A-2, as it applies to political subdivisions such as defendant Pocahontas County Commission, and W. Va. Code § 14-2-2, as it applies to the State defendants. 2. W.Va. Code § 29-12A-2 provides that “actions against all political subdivisions within the scope of this article shall be brought in the county in which the situs of the political subdivision is located or in the county in which the cause of action arose.” 3. W.Va. Code § 14-2-2 provides that “The following proceedings shall be brought and prosecuted only in the circuit court of Kanawha County: (1) Any suit in which the governor, any other state officer, or a state agency is made a party defendant, except as garnishee or suggestee.” 4. Additionally, W. Va. Code § 56-1-1, the general venue provision, provides that “Any civil action or other proceeding, except where it is otherwise specially provided, may hereafter be brought in the circuit court of any county: (1) Wherein any of the defendants may reside or the cause of action arose . . .. (2) If a corporation be a defendant, wherein its principal office is or wherein its mayor, president or other chief officer resides . 5. The West Virginia Supreme Court of Appeals has long held that “{wjhen a state officer is properly made a party defendant in a civil action, venue is controlled and determined by the law embodied in W. Va. Code § 14-2-2.” Syil. Pt. 5 Shobe v, Latimer, 162 W. Va. 779, 253 S.E.2d 54 (1979). And if “venue is properly laid against the state officer under this provision, then venue as to other defendants is also proper under