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CLARK v. SHORES

No. 24123.

499 S.E.2d 858 (1997)

201 W.Va. 636

Roger L. CLARK, Jr. Individually, and Charlotte Clark, Individually and as Guardian and Next Friend of Roger L. Clark, Jr., Plaintiffs Below, Appellants, v. Eugene SHORES d/b/a Quality Auto Sales of Martinsburg, A Sole Proprietorship, and West Virginia Department of Motor Vehicles, a department of the State of West Virginia, Defendants Below, Eugene Shores d/b/a Quality Auto Sales of Martinsburg, A Sole Proprietorship, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided December 11, 1997.

Dissenting Opinion of Justice Maynard December 19, 1997.

Attorney(s) appearing for the Case

Laura R. Rose, Mary E. Binns, Rose & Associates, Martinsburg, for Appellant.

Patrick J. Nooney, Nooney & Doyle, Hagerstown, MD, for Appellee.

Charles F. Printz, Jr., Bowles, Rice, McDavid, Graff & Love, Charleston, for Department of Motor Vehicles.

PER CURIAM:1

This is an appeal by Roger L. Clark, Jr. and Charlotte Clark, appellants/plaintiffs (Clarks),2 from an adverse summary judgment ruling by the Circuit Court of Berkeley County. The Clarks filed this action on the theory of negligent entrustment of an automobile. The circuit court, upon finding no genuine issue of material fact in dispute, granted summary judgment to Eugene Shores d/b/a Quality Auto...

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