ANDRICK v. TOWN OF BUCKHANNON

No. 20450.

421 S.E.2d 247 (1992)

187 W.Va. 706

Marthella ANDRICK and Joseph R. Andrick, Plaintiffs Below, Appellants, v. The TOWN OF BUCKHANNON, a West Virginia Statutory Municipal Corporation; Sam Baxa, dba Baxa Motel, Betty Phillips, dba the Cornerstone Restaurant; and Linda Lemasters, dba the Cornerstone Restaurant, Defendants Below, Betty Phillips, dba the Cornerstone Restaurant; and Linda Lemasters, dba the Cornerstone Restaurant, Appellees.

Supreme Court of Appeals of West Virginia.

Decided July 20, 1992.


Attorney(s) appearing for the Case

James T. Kratovil, Kratovil & Kratovil, Weston, for appellants.

Boyd L. Warner, Waters, Warner & Harris, Clarksburg, for appellees.


MILLER, Justice:

This is an appeal by the plaintiffs below, Marthella Andrick and Joseph R. Andrick, from an order of the Circuit Court of Upshur County dated February 21, 1991, which granted summary judgment in favor of two of the defendants below, Betty Phillips and Linda Lemasters, in a civil action for personal injury and loss of services. The circuit court ruled that the appellees owed the plaintiffs no duty of care as a matter of law. We disagree, and we reverse...

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