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ELLIS v. KING

No. 19792.

400 S.E.2d 235 (1990)

Tom ELLIS and Mara Ellis, His Wife, v. Honorable Charles E. KING, Judge of the Circuit Court of Kanawha County; JMI Transport, Inc., an Arkansas Corporation, and Hamilton M. Potter.

Supreme Court of Appeals of West Virginia.

December 5, 1990.

Attorney(s) appearing for the Case

Monty L. Preiser, Harry G. Deitzler, Preiser Law Offices, Charleston, for Tom Ellis and Mara Ellis.

John L. MacCorkle, Meyer, Darragh, Buckler, Bebenek, Eck & Hall, Charles E. King, Judge, Circuit Court, Charleston, for JMI Transport, Inc., Hamilton M. Potter.

BROTHERTON, Justice:

The petitioners, Tom and Mara Ellis, petition for a writ of prohibition preventing the judge from granting a partial summary judgment.

On December 23, 1987, Mara Ellis was driving the Ellis' new 1988 Volvo, when she was struck by a tractor trailer owned by JMI Transport, Inc., and driven by Hamilton M. Potter. The axle of the Ellis' car was broken during the accident. The car, which they had owned for three days, cost approximately $19...

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