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MILLER v. LEMON

No. 22589.

459 S.E.2d 406 (1995)

194 W.Va. 129

Barbara S. MILLER and Mark L. Miller, Plaintiffs v. Hazel V. LEMON, Executrix of the Estate of Phillip M. Lemon, Hazel Lemon and Federal Kemper Insurance Company, Defendants.

Supreme Court of Appeals of West Virginia.

Decided June 19, 1995.

Attorney(s) appearing for the Case

James M. Barber, Hunt & Barber and Frank T. Litton, Jr., Litton & Litton, Charleston, for plaintiffs.

Mary H. Sanders and James Stebbins, Huddleston, Bolen, Beatty, Porter & Copen, Charleston, for Federal Kemper Ins. Co.

Heather Heiskell Jones and Robert A. Lockhart, Spilman, Thomas & Battle, amicus curiae, West Virginia Ins. Federation.

McHUGH, Chief Justice:

This case is before this Court upon the certified question from the Circuit Court of Ritchie County, West Virginia. The plaintiffs are Barbara S. Miller and Mark L. Miller and the defendants are Hazel V. Lemon, Executrix of the Estate of Phillip M. Lemon, Hazel Lemon and Federal Kemper Insurance Company.

I.

The facts of this case are not in dispute. On May 14, 1990, Barbara Miller sustained injuries when the vehicle in which...

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