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MORAN v. ATHA TRUCKING, INC.

Nos. 24012, 24081.

540 S.E.2d 903 (1997)

Ray Junior MORAN and Mary V. Moran, Husband and Wife, Appellants, v. ATHA TRUCKING, INC., A Corporation; James A. Fornash; Chuck Kirkpatrick; and E. & S. Coal Company, Inc., Appellees. Deborah A. Fletcher, Appellant, v. Raymond R. Sias, Appellee.

Supreme Court of Appeals of West Virginia.

Decided December 5, 1997.

Concurring Opinion of Justice Starcher January 16, 2001.

Attorney(s) appearing for the Case

Jacques R. Williams, Esq., Hamstead, Hamstead & Williams, Morgantown, West Virginia, Attorney for the Morans.

James M. Wilson, Esq., Ancil G. Ramey, Esq., Steptoe & Johnson, Clarksburg, West Virginia, Attorneys for Atha Trucking, Inc. and Fornash.

Alex L. Solomon, Esq., Solomon & Solomon, Morgantown, West Virginia, Attorney for Kirkpatrick and E. & S. Coal Company, Inc.

Robert A. Taylor, Esq., David L. Stuart, Esq., Masters & Taylor, Charleston, West Virginia, Attorneys for Deborah A. Fletcher.

Andrew L. Paternostro, Esq., Rose & Atkinson, Charleston, West Virginia, Attorney for Raymond R. Sias.

MAYNARD, Justice:

The two cases before us were consolidated for argument and opinion. In the first case, the appellants, Ray Junior Moran and Mary V. Moran, appeal the September 13, 1996 order of the circuit court of Harrison County denying their motion for a new trial which was based exclusively on the circuit court's refusal to give a sudden emergency instruction. In the second case, the appellant, Deborah Fletcher, appeals the November 1, 1995 order of the circuit...

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