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REED v. PHILLIPS

No. 22196.

452 S.E.2d 708 (1994)

192 W.Va. 392

Donna Lou REED, Administratrix of the Estate of James George Reed, Plaintiff Below, Appellee, v. Lula A. PHILLIPS and George Phillips, Defendants Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided December 8, 1994.

Dissenting Opinion of Justice Neely December 12, 1994.

Attorney(s) appearing for the Case

David A. Mohler, James W. Gabehart, Campbell, Woods, Bagley, Emerson, McNeer & Herdon, Charleston, for appellants.

Michael J. Del Giudice, Ciccarello, Del Giudice & LaFon, Charleston, for appellee.

WORKMAN, Justice:

This case is before the Court from the November 22, 1993, order of the Circuit Court of Kanawha County denying the Appellants' motion for summary judgment and certifying the following questions to this Court:1

1. Whether the absence of a smoke detector in a one or two family dwelling is admissible as evidence of negligence on the part of the landlord in light of W...

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