No. 25059.

510 S.E.2d 286 (1998)

203 W.Va. 627

Marlin W. FITZWATER and Virginia Fitzwater, His Wife, Plaintiffs Below, Appellants, v. Jerry HARDING, d/b/a J & J Transportation, and Appalachian Log Structure, Inc., a West Virginia Corporation, Defendant Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided December 4, 1998.

Attorney(s) appearing for the Case

Rudolph L. DiTrapano, Sean P. McGinley, DiTrapano, Barrett & DiPiero, Charleston, West Virginia, Attorneys for Appellants.

John M. Slack, III, Jackson & Kelly, Charleston, West Virginia, Attorney for Appellee Appalachian Log Structure, Inc.


Marlin and Virginia Fitzwater, plaintiffs below/appellants (hereinafter referred to as "the Fitzwaters"), appeal a summary judgment ruling by the Circuit Court of Nicholas County. The circuit court dismissed the Fitzwaters' action against Appalachian Log Structure, Inc., defendant below/appellee (hereinafter referred to as "Appalachian"), after determining Appalachian had played no role in the personal injuries sustained by the Fitzwaters. This appeal...

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