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Grayam v. Dept. of Health and Human Ser.
IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA September 1997 Term _____________ No. 24036 _____________ AMANDA GRAYAM, Appellee v. DEPARTMENT OF HEALTH AND HUMAN RESOURCES, A PUBLIC AGENCY OF THE STATE OF WEST VIRGINIA, Appellant _________________________________________________________________ Appeal from the Circuit Court of Kanawha County Honorable Charles E. King, Jr., Judge Civil Action No. 96-C-853 REVERSED AND REMANDED _________________________________________________________________ Submitted: September 16, 1997 Filed: November 21, 1997 Darrell V. McGraw, Jr. Scott S. Segal, Esq. Attorney General Mark R. Staun, Esq. Stephen J. Small, Esq. Lori A. Simpson, Esq. Senior Assistant Attorney General Charleston, West Virginia Barry L. Koerber, Esq. Attorneys for Appellee Assistant Attorney General Charleston, West Virginia Attorneys for Appellant _____________ No. 24129 _____________ NATIONWIDE MUTUAL INSURANCE COMPANY, Appellee v. JAMES F. HATFIELD, ET AL., Appellees WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES,
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Appellant _________________________________________________________________ Appeal from the Circuit Court of McDowell County Honorable Kendrick King, Judge Civil Action No. 95-C-130-K REVERSED AND REMANDED _________________________________________________________________ Submitted: September 16, 1997 Filed: November 21, 1997 H. F. Salsbery, Esq. Darrell V. McGraw, Jr. Madonna C. Estep, Esq. Attorney General Salsbery & Druckman Stephen J. Small, Esq. Charleston, West Virginia Senior Assistant Attorney General Attorneys for Appellee Hatfield Harold Chambers, Esq. Assistant Attorney General Charleston, West Virginia Attorneys for Appellant CHIEF JUSTICE WORKMAN delivered the Opinion of the Court. JUSTICE DAVIS, deeming herself disqualified, did not participate in the decisions of these cases. SYLLABUS BY THE COURT 1. "'The doctrine of subrogation is that one who has the right to pay, and does pay, a debt which ought to have been paid by another is entitled to exercise all the remedies which the creditor possessed against that other.' Syl. Pt. 1, Bassett v. Streight, 78 W. Va. 262, 88 S.E. 848 (1916)." Syl. Pt. 4, Ray v. Donohew, 177 W. Va. 441, 352 S.E.2d 729 (1986). 2. In both the 1993 and 1995 amendments to West Virginia Code

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