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IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA January 2000 Term

FILED
July 14, 2000
DEBORAH L. McHENRY, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA

RELEASED
July 14, 2000

No. 27381

RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA

BONNIE L. KEPLINGER, Plaintiff,

V.

VIRGINIA ELECTRIC AND POWER COMPANY AND JUDITH A. PARSONS, Defendants.

Certified Question from the Circuit Court of Grant County Honorable Philip B. Jordan, Jr., Judge Civil Action No. 98-C-29 CERTIFIED QUESTIONS ANSWERED.

Submitted: June 7, 2000 Filed: July 14, 2000 David M. Hammer Robert J. Schiavoni Hammer, Ferretti & Schiavoni Martinsburg, West Virginia Attorneys for the Plaintiff Stephen M. LaCagnin Alvin L. Emch Julia M. Chico Jackson & Kelly PLLC Morgantown, West Virginia Attorneys for the Defendants

Harry G. Shaffer, III Charleston, West Virginia Attorney for Amicus Curiae, Defense Trial Counsel of West Virginia Jane E. Peak Morgantown, West Virginia Attorney for Amicus Curiae, West Virginia Employment Lawyers Association JUSTICE DAVIS delivered the Opinion of the Court.

SYLLABUS BY THE COURT

1.

"When a certified question is not framed so that this Court is able to fully address

the law which is involved in the question, then this Court retains the power to reformulate questions certified to it under both the Uniform Certification of Questions of Law Act found in W. Va. Code, 51-1A-1, et seq. and W. Va. Code, 58-5-2 [1967], the statute relating to certified questions from a circuit court of this State to this Court." Syllabus point 3, Kincaid v. Mangum, 189 W. Va. 404, 432 S.E.2d 74 (1993).

2.

"The appellate standard of review of questions of law answered and certified by

a circuit court is de novo." Syllabus point 1, Gallapoo v. Wal-Mart Stores, Inc., 197 W. Va. 172, 475 S.E.2d 172 (1996).

3.

Any time a subpoena duces tecum is issued to require the production of hospital

records as defined in W. Va. Code

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West Virginia Law