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WISMAN v. RHODES & SHAMBLIN STONE, INC.

No. 21967.

447 S.E.2d 5 (1994)

191 W.Va. 542

Shelby WISMAN and Earlene Wisman, Plaintiffs Below, Appellants, v. WILLIAM J. RHODES AND SHAMBLIN STONE, INC., a West Virginia Corporation; Continental Insurance Company, a Corporation Licensed to do Business in the State of West Virginia, formerly Buckeye Continental Insurance Company, a Corporation; and Allstate Insurance Company, a Corporation Licensed to do Business in the State of West Virginia, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided July 11, 1994.

Attorney(s) appearing for the Case

William W. Pepper, Pepper & Nason, Charleston, for plaintiffs.

Thomas V. Flaherty, Edward P. Tiffey, Flaherty, Sensabaugh & Bonasso, Charleston, for Defendant, Continental Ins. Co.

BROTHERTON, Chief Justice:

This case is before the Court upon a certified question from the Circuit Court of Mason County, West Virginia. The issue is whether the plaintiff, an accident victim who has received workers' compensation benefits, can also obtain uninsured motorist benefits even though the defendants are shielded from liability by grants of immunity contained in the Workers' Compensation Act, West Virginia Code §§ 23-2-6 and 6a.

The facts...

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