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GRAY v. JOHNSON

No. 14107.

267 S.E.2d 615 (1980)

Maggie GRAY v. Eugene JOHNSON.

Supreme Court of Appeals of West Virginia.

June 24, 1980.

Attorney(s) appearing for the Case

Lewis, Ciccarello, Masinter & Friedberg, John A. Rollins and Allan H. Masinter, Charleston, for appellant.

Goodwin & Goodwin and Richard E. Rowe, Charleston, for appellee.

HARSHBARGER, Justice:

On August 31, 1971, Maggie Gray, a pedestrian, was struck by Eugene Johnson's automobile and sustained personal injuries. At that time both parties were residents of West Virginia. In August, 1972, apparently unbeknownst to plaintiff Gray, Johnson moved out of state. Plaintiff filed a complaint on June 15, 1973, and a summons was issued that day. On June 25, 1973, the sheriff returned the process noting that defendant was not found and had moved...

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