KELLY v. PAINTER

No. 23969.

504 S.E.2d 171 (1998)

202 W.Va. 344

Gladstone B. KELLY, Plaintiff Below, Appellee, v. Larry PAINTER, Jr., and Night Rock, Inc., A West Virginia Corporation, dba Gatsby's, Defendants Below, Appellees. NIGHT ROCK, INC., Third-Party Plaintiff Below, Appellee, v. AETNA CASUALTY & SURETY COMPANY, Third-Party Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided June 22, 1998.

Concurring Opinion of Justice Starcher August 7, 1998.


Attorney(s) appearing for the Case

Dale Buck, Martin & Seibert, Martinsburg, for Kelly.

Lucien Lewin, Steptoe & Johnson, Martinsburg, for Painter.

Robert D. Aitcheson, Robert D. Aitcheson, L.C., Charles Town, for Night Rock.

Mark W. Browning, Shuman, Annand & Bailey, Wyant & Earles, Charleston, and James K. Thomas, II, Thomas, Thomas & Hafer, Harrisburg, PA, for Aetna.


PER CURIAM:1

The appellant, Aetna Casualty and Surety Co. (Aetna), appeals the June 7, 1996 order of the Circuit Court of Berkeley County, West Virginia. The circuit court denied Aetna's motion for summary judgment and granted summary judgment to Night Rock, Inc., a restaurant and bar, doing business as Gatsby's. Aetna appeals, urging this Court to interpret and enforce the liquor liability exclusion as it is written in Gatsby's standard...

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