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ESTATE OF HELMICK BY FOX v. MARTIN

No. 22043.

453 S.E.2d 335 (1994)

192 W.Va. 501

ESTATE OF Harry Melvin HELMICK, Deceased, by Goldie M. FOX, Executrix of the Estate of Harry Melvin Helmick, Deceased, Plaintiff Below, Appellant, v. Carl J. MARTIN II; Ace Tank Rental, Inc.; Virgie Wamsley; Hayward Harold Martin; and Dorothy Casada, d/b/a Our Place Diner, Defendants Below and Appellees.

Supreme Court of Appeals of West Virginia.

Decided December 8, 1994.

Attorney(s) appearing for the Case

Jonathan E. Turak, Donald M. Kresen, Gold, Khourey & Turak, Moundsville, for appellant.

John E. Busch, Busch & Talbott, Elkins, for appellants Carl J. Martin II and Ace Tank Rental, Inc.

James A. Varner, Catherine D. Munster, McNeer, Highland & McMunn, Clarksburg, for appellants Hayward Harold Martin; Dorothy Casada, d/b/a Our Place Diner.

David A. Sims, Wallace, Harris & Sims, Elkins, for appellant Virgie Wamsley.

Jeffrey L. Robinette, Jackson & Kelly, Morgantown, for State Auto.

PER CURIAM:

This action was brought by the appellant and plaintiff below, the Estate of Harry Melvin Helmick, deceased, by Goldie M. Fox, Executrix, to recover damages for personal injuries and wrongful death resulting from a car accident that occurred after the car in which Mr. Helmick was riding pulled out of the parking lot of Our Place Diner. All the defendants, with the exception of Dorothy Casada, d/b/a Our Place Diner, the appellee and one of the defendants...

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