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PLYMALE v. ADKINS

No. 21410.

429 S.E.2d 246 (1993)

189 W.Va. 204

Gloria PLYMALE, Plaintiff Below, Appellant, v. Ottie ADKINS, Sheriff of Cabell County, as Administrator of the Estate of Thomas Witherspoon, Deceased, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided March 25, 1993.

Attorney(s) appearing for the Case

R. Lee Booten II, David R. Tyson, Huntington, for appellant.

William L. Mundy, Renatha S. Garner, Mundy & Adkins, Huntington, for appellee.

PER CURIAM:

These two certified questions from the Circuit Court of Cabell County concern a complaint that failed to name an unknown "hit and run" driver as a defendant. Gloria Plymale, a guest passenger in an automobile that was struck by a hit and run driver, seeks to amend her complaint to assert an alternative claim against an unknown person. Ms. Plymale's complaint alleges that Thomas Witherspoon was the hit and run driver. After the circuit court denied Ms....

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