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CLARK v. KAWASAKI MOTORS CORP., U.S.A.

No. 23395.

490 S.E.2d 852 (1997)

200 W.Va. 764

Timothy W. CLARK, Jr. and Brian K. Cunningham, Plaintiffs Below, Appellees, v. KAWASAKI MOTORS CORP., U.S.A., and Kawasaki Heavy Industries, Ltd., Defendants Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided July 16, 1997.

Attorney(s) appearing for the Case

John R. Fowler, James C. Stebbins, Huddleston, Bolen, Beatty, Porter & Copen, Charleston, Terrance M. Miller, Douglas L. Anderson, Porter, Wright, Morris & Arthur, Columbus, OH, for Appellants.

P. Rodney Jackson, Franklin S. Fragale, Jr., DiTrapano & Jackson, Charleston, Gilbert H. Robinette, Henry E. Dugan, Jr., Bruce J. Babij, George S. Tolley, III, Robinette, Dugan & Jakubowski, Baltimore, MD, for Appellees.

McHUGH, Justice:

This action is before this Court upon an appeal from the final order of the Circuit Court of Kanawha County, West Virginia, entered on August 21, 1995. In this action, the appellants, Kawasaki Motors Corp., U.S.A. and Kawasaki Heavy Industries, Ltd., defendants below, were found liable by a jury to the appellees, Timothy W. Clark, Jr., and Brian K. Cunningham, plaintiffs below, with regard to an accident involving a four-wheel ATV (all-terrain vehicle...

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