1. Home
  2. Browse Decisions
  3. S.E.2d
  4. 483 S.E.2d
  5. 483 S.E.2d 265 (1996)
 

KING v. LENS CREEK LTD. PARTNERSHIP

Nos. 23334, 23335.

483 S.E.2d 265 (1996)

199 W.Va. 136

Joy F. KING and David L. King, her husband, and David L. King, natural parent and next friend of Shannon King, an infant, Plaintiffs, Petitioners, v. LENS CREEK LIMITED PARTNERSHIP, a West Virginia Limited Partnership; Long Management Company, a West Virginia Corporation; Toyota Motor Sales, USA, Inc., a Corporation; Mid-Atlantic Toyota Distributors, Inc., a Corporation; and Bud Young Toyota, Inc., a West Virginia Corporation, Defendants. Joy F. KING and David L. King, her husband, and David L. King, natural parent and next friend of Shannon King, an infant, Plaintiffs v. LENS CREEK LIMITED PARTNERSHIP, a West Virginia Limited Partnership; Long Management Company, a West Virginia Corporation; Toyota Motor Sales, USA, Inc., a Corporation; Mid-Atlantic Toyota Distributors, Inc., a Corporation; and Bud Young Toyota, Inc., a West Virginia Corporation, Defendants. Lens Creek Limited Partnership, a West Virginia Limited Partnership and Long Management Company, a West Virginia Corporation, Petitioners.

Supreme Court of Appeals of West Virginia.

Decided December 16, 1996.

Attorney(s) appearing for the Case

Marc B. Chernenko, Wellsburg and Jerry W. Cook, Cook & Cook, Madison, for the Kings.

E.W. Rugeley, Jackson & Kelly, Charleston, for Toyota Companies.

Joanna I. Tabit, Steptoe & Johnson, Charleston and James J. MacCallum, Shaffer & Shaffer, Madison, for Lens Creek and Long.

RECHT, Judge:1

In this case we are presented with two certified questions from the Circuit Court of Boone County regarding the liability of a principal, who retains an independent contractor who lacks adequate liability insurance and injures a third party through the negligent operation of an empty logging truck.

From this factual construct evolves the following certified questions and circuit court's answers:

1. Whether...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases