Marian HANLON, as Administratrix of the Estate of Ronald L. Hanlon, Plaintiff,
v.
JOY MANUFACTURING COMPANY, a Corporation; Cooper Industries, Inc., a Corporation; Cummins-Wagner Company, Inc., a Corporation; Norair Realty Company, Inc., a Corporation; Norair Engineering Corp., a Corporation; the Public Land Corporation of West Virginia, a Public Corporation; and the State of West Virginia, Defendants.
Marian J. HANLON, as Administratrix of the Estate of Ronald L. Hanlon, Plaintiff,
v.
JOY MANUFACTURING, a Corporation; Cooper Industries, Inc., a Corporation; APT, Incorporated, a Corporation; Zando, Martin & Milstead, Inc., a Corporation; ZMM, Inc., a Corporation; Cummins-Water Company, Inc., a Corporation; Norair Engineering Corporation, a Corporation; Norair Engineering Associates, Inc., a Corporation; the Public Land Corporation of West Virginia, a Public Corporation; and the State of West Virginia, Defendants.
Supreme Court of Appeals of West Virginia.https://leagle.com/images/logo.png
Submitted May 6, 1992.
Decided May 28, 1992.
Attorney(s) appearing for the Case
Frank Sansalone, Fairmont, for plaintiff.
P. Brennan Hart, Scott G. Dunlop, Zimmer, Kunz, Loughren, Hart, Lazaroff, Trenor, Banyas & Conaway, Pittsburgh, Pa., Timothy J. Padden, Charles J. Crooks, Rose Padden & Petty, L.C., Morgantown, for Joy Mfg. Co. and Cooper Industries, Inc.
Joseph A. Yablonski, Washington, D.C., for Estate of Duane Liller.
Duke A. McDaniel, Petersburg, for Estate of Randall Crowl.
Billy D. Atkins, Furbee, Amos, Webb & Critchfield, Morgantown, for Cummins-Wagner Co., Inc.
Linda Rae Artimez, Schrader, Byrd, Byrum & Companion, Wheeling, for Canaan Valley Resorts, Inc.
Charles G. Johnson, Allen, Johnson & Simmerman, Clarksburg, for Norair Realty Co., Inc. and Norair Engineering Corp.
David B. Thomas, Spilman, Thomas, Battle & Klostermeyer, Charleston, for APT, Inc.
Gerard R. Stowers, Bowles Rice McDavid Graff & Love, Charleston, for ZMM, Inc.
Herbert G. Underwood, Steptoe & Johnson, Clarksburg, for State of W. Va. and Public Land Corp. of West Virginia.
Supreme Court of Appeals of West Virginia.
NEELY, Justice:
In this case, the Circuit Court of Monongalia County has certified the following questions to us:
1. Under the circumstances where there is a wrongful death action filed in the Circuit Court of Monongalia County arising out of a specific fire at a certain building at Canaan Valley Resort; and where there is a property damage action later filed in the Circuit Court of Tucker County arising out of the occurrence of the same fire; and where many...
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