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STATE EX REL. CASTLE v. PERRY

No. 24038.

491 S.E.2d 760 (1997)

201 W.Va. 90

STATE of West Virginia ex rel. Charlotte F. CASTLE, Petitioner v. Honorable Roger L. PERRY, Judge of the Circuit Court of Logan County; Alice Dempsey and Sheldon Dempsey, Husband and Wife; and Sheldon Dempsey, Individually and as Father and Next Friend of Sheldon Alan Dempsey, an Infant, Respondents.

Supreme Court of Appeals of West Virginia.

Decided July 11, 1997.

Attorney(s) appearing for the Case

James D. McQueen, Jr., Joseph K. Reeder, McQueen, Harmon, Potter & Cleek, Charleston, for Petitioner.

George L. Partain, Partain & Forrester, Logan, for Dempseys.

WORKMAN, Chief Justice:

Petitioner Charlotte Castle seeks a writ of prohibition in connection with the ruling of the Respondent, the Honorable Roger L. Perry, awarding summary judgment against her in connection with her sale of an automobile and the resulting injuries caused by the vehicle's buyer. After reviewing this matter, we determine that the lower court was in error in holding Petitioner absolutely liable under West Virginia Code § 17A-4-9 (1996) and accordingly...

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