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GARDNER v. NORFOLK AND WESTERN RY. CO.

No. CC977.

372 S.E.2d 786 (1988)

John E. GARDNER, et al. v. NORFOLK AND WESTERN RAILWAY COMPANY, A Foreign Corporation.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion July 13, 1988.

Rehearing Denied September 22, 1988.

Attorney(s) appearing for the Case

Jeremy C. McCamic, Charleston, Paul L. Pratt, East Alton, Ill., for Gardner et al.

John C. Palmer, IV, Charleston, Cathy M. Armstrong, Wheeling, for Norfolk and Western Ry. Co.

McHUGH, Chief Justice:

This case is before this Court upon certified questions from the Circuit Court of Brooke County, West Virginia ("the trial court").1 We have reviewed the petition, the trial court's rulings on the certified questions and the briefs and oral argument of counsel. We affirm in part, reverse in part and remand for further proceedings.

I

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