SHRADER v. HOLLAND

Nos. 20219, 20243.

414 S.E.2d 448 (1992)

Laura SHRADER, Administratrix of the Estate of Anna Shrader, Plaintiff Below, v. Gary Wayne HOLLAND and Sysco Corporation, d/b/a Theimer-Sysco Food Services, a Foreign Corporation, Defendants and Third-Party Plaintiffs Below, Appellants Herein, v. WEST VIRGINIA DEPARTMENT OF HIGHWAYS, Third-Party Defendant Below, Appellee Herein. James E. BALL, Administrator of the Estate of Pamela Rae Ball, Plaintiff Below, v. SYSCO CORPORATION d/b/a Theimer-Sysco Food Services, a Foreign Corporation, Defendant and Third-Party Plaintiff Below, Appellant Herein, v. WEST VIRGINIA DEPARTMENT OF HIGHWAYS, Third-Party Defendant Below, Appellee Herein. James E. BALL and Virginia Ball, Plaintiffs Below, v. SYSCO CORPORATION d/b/a Theimer-Sysco Food Services, a Foreign Corporation, Defendant/Third-Party Plaintiff Below, Appellant Herein, v. WEST VIRGINIA DEPARTMENT OF HIGHWAYS, Third-Party Defendant Below, Appellee Herein. John DICKERSON, Plaintiff Below, v. SYSCO CORPORATION d/b/a Theimer-Sysco Food Services, a Foreign Corporation, Defendant/Third-Party Plaintiff Below, Appellant Herein, v. WEST VIRGINIA DEPARTMENT OF HIGHWAYS, Third-Party Defendant Below, Appellee Herein.

Supreme Court of Appeals of West Virginia.

Decided February 6, 1992.


Attorney(s) appearing for the Case

Donald T. Caruth, Brewster, Morhouse & Cameron, Bluefield, for Gary Wayne Holland and Sysco Corp., appellants.

Martin R. Smith, Jr., Daniel R. Schuda, Steptoe & Johnson, Charleston, for West Virginia Dept. of Highways, appellee.

Stephen R. Meyer, Meyer & Perfator, Charleston, for Laura Shrader, plaintiff.

Mark E. Wills, Princeton, for James E. Ball, Virginia Ball and John Dickerson, plaintiffs.


NEELY, Justice:

This appeal consolidates four cases brought in the Circuit Court of Mercer County following a 7 March 1988 automobile accident.1 Laura Shrader, as Administratrix of the Estate of Anna Shrader, brought suit against Gary Wayne Holland and Sysco Corporation (Sysco) seeking damages under the West Virginia wrongful death statute. James E. Ball, as Administrator of the Estate of Pamela...

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