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OVERBAUGH v. McCUTCHEON

No. 19195.

396 S.E.2d 153 (1990)

Franklin D. OVERBAUGH, Administrator of the Estate of Elizabeth Ann Overbaugh, Franklin Overbaugh, Tony Overbaugh, Stacey Overbaugh and Kevin Overbaugh, Infants Who Sue By and Through Their Father and Next Friend, Franklin D. Overbaugh, and Franklin D. Overbaugh, Individually, Plaintiffs v. Pricilla McCUTCHEON, Executrix of the Estate of Donald J. McCutcheon, Brady Cline Coal Company, a Corporation, Margaret Peerless Coal Company, Gauley Coal Sales Company, Holly Coal Company; and Jack Cline, Defendants.

Supreme Court of Appeals of West Virginia.

July 11, 1990.

Attorney(s) appearing for the Case

James M. Barber, DiTrapano & Jackson, Charleston, for Franklin D. Overbaugh et al.

Timothy R. Ruckman, Summersville, for Pricilla McCutcheon.

Arden J. Curry, II, Pauley, Curry, Sturgeon & Vanderford, Charleston, for Coal Companies.

WORKMAN, Justice:

This action is before the Court upon certified questions from the Circuit Court of Nicholas County. The questions certified by the lower court include:

(1) Whether a host who gratuitously serves liquor to an adult social guest knowing both that the guest is intoxicated and will thereafter be operating a motor vehicle, is liable for injuries inflicted on a third party as a result of the negligent operation of a motor vehicle by the adult...

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