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SUMMERS v. MARTIN

No. 23462.

486 S.E.2d 305 (1997)

199 W.Va. 565

Herbert W. SUMMERS, Jr., Administrator of the Estate of Shawn Patrick Haney, Plaintiff Below, Appellee, v. Kimberly L. MARTIN, Defendant Below, HKD Enterprises Inc., an Ohio Corporation, dba Rugby's Bistro, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided March 14, 1997.

Petition for Rehearing Refused June 5, 1997.

Attorney(s) appearing for the Case

Susan S. Brewer and Beth A. Raffle, Steptoe & Johnson, Morgantown, for Appellant.

Robert G. Coury, Sherry, Smith & Coury Woodsfield, Ohio, for Appellee.

PER CURIAM.

This is a wrongful death action. The appeal was taken by the appellant/defendant below, HKD Enterprises, Inc., dba Rugby's Bistro, from an order of the Circuit Court of Monongalia County granting a new trial to the appellee/plaintiff below, Herbert W. Summers, Jr., administrator of the estate of decedent Shawn Patrick Haney.1 A verdict was returned by the jury in this case in favor of the defendant. However, the circuit court...

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