Civ. A. No. 89-0103-C(K).

742 F.Supp. 344 (1990)

Darlene HINES, individually and as Administratrix of the Estate of Mark Douglas Hines, deceased, Hanson Hines and Eleanor Hines, Plaintiffs, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a foreign corporation, Defendant. and LIBERTY MUTUAL INSURANCE COMPANY, a foreign corporation, Defendant and Third-Party Plaintiff, v. CARSON INSURANCE AGENCY, INC., a corporation, Third-Party Defendant.

United States District Court, N.D. West Virginia.

July 18, 1990.

Attorney(s) appearing for the Case

James C. Peterson, Hill & Peterson, Charleston, W.Va., for plaintiffs.

Charles M. Surber, Jr., Wm. H. Hutchens, III, Morgantown, W.Va., for Liberty Mut.

Benjamin L. Bailey, Charleston, W.Va., for Carson Ins.


KIDD, District Judge.

On June 18, 1990, defendant Liberty Mutual Insurance Company ("Liberty") filed its motion to dismiss and/or summary judgment. On June 28, 1990, plaintiffs filed their opposition thereto. On July 9, 1990, Liberty filed its reply.1

The facts underlying this action are not in dispute and are as follows:

1. On December 20, 1988, plaintiffs' decedent, Mark Douglas...

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