Jackie Lee Spencer (left) and John Carr III | Courtesy photo
CHARLESTON – The state Supreme Court has refused a request for a writ of mandamus by the Diocese in the case in which two 78-year-old men who say they were switched at birth by staff at a Catholic hospital.
The court issued its order June 14 after the Diocese of Wheeling-Charleston had petitioned the court. The vote was 3-2. Chief Justice Evan Jenkins and Justice Tim Armstead voted in the minority, saying they would issue a rule to show cause.
Following the Supreme Court order, Monongalia Circuit Judge Phillip Gaujot issued a scheduling order July 20 that lists deadlines for attorneys, including a pretrial conference scheduled for April 12, 2022.
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Judge denies motion to dismiss local switched at birth case Jackie Lee Spencer, left, and John William Carr III.
Photo by The Record Delta Judge denies motion to dismiss case of two men switched at birth in 1942
By Karli Hamrick |
The Record Delta Mar 10, 2021
Mar 10, 2021
Judge denies motion to dismiss local switched at birth case Jackie Lee Spencer, left, and John William Carr III. Photo by The Record Delta
BUCKHANNON â A civil lawsuit filed last year by Jackie Lee Spencer and John William Carr III against the Catholic Diocese of Wheeling-Charleston after discovering they had been switched at birth in Buckhannon will continue, despite a motion to dismiss the case.
Jackie Lee Spencer (left) and John Carr III | Courtesy photo
MORGANTOWN – A circuit judge has denied the Catholic Church’s motion to dismiss a case in which two 78-year-old men who say they were switched at birth by staff at a Catholic hospital.
John William Carr III and Jackie Lee Spencer originally filed their lawsuit June 5 against the Catholic Diocese of Wheeling-Charleston in Monongalia Circuit Court. Joining them as plaintiffs are wives Bonnie Lynn Carr and Phyllis Ann Spencer as well as adopted son Zackery Stealth Carr.
On March 1, Monongalia Circuit Judge Phillip Gaujot issued his order denying the Motion to Dismiss filed last July. The Diocese alleged, among other things, the statute of limitations had expired in the case.