FARLEY v. SARTIN

No. 22797.

466 S.E.2d 522 (1995)

195 W.Va. 671

Kenneth FARLEY, as Administrator of the Estate of Baby Farley, an Unborn Child, Plaintiff Below, Appellant, v. Billy R. SARTIN and Lee Sartin Trucking Company, Inc., Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided December 13, 1995.


Attorney(s) appearing for the Case

Donald R. Jarrell, Wayne, for Appellant.

Steven K. Nord, P. Blake Benton, Offutt, Eifert, Fisher, Duffield & Nord, Huntington, for Appellees.

Roger Forman, Forman & Crane, L.C., Charleston, Susan J. Weiler, Kathryn Kolbert, Lynn M. Paltrow, The Center for Reproductive Law & Policy, New York City, for amicus curiae West Virginia Free.


CLECKLEY, Justice:

The plaintiff below and appellant herein, Kenneth Farley, as the Administrator of the Estate of Baby Farley, his unborn child, appeals from the September 8, 1994, order of the Circuit Court of Wayne County. This order granted a motion for summary judgment by the defendants below and appellees herein, Billy R. Sartin and Lee Sartin Trucking Company, Inc., and dismissed the plaintiff's case with prejudice. The issue presented to this Court on appeal...

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