CECIL v. D AND M INC.

No. 25330.

517 S.E.2d 27 (1999)

205 W.Va. 162

Eric Calvin CECIL and Esther M. Cecil, Plaintiffs Below, Appellees, v. D AND M INCORPORATED, a West Virginia Corporation; J.H. Fletcher & Co., the Successor of D and M Incorporated; and Service Machine Company, a West Virginia Corporation, d/b/a SMC Electrical Products, Inc., Defendants Below, Appellees, Consolidation Coal Company, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided June 15, 1999.


Attorney(s) appearing for the Case

William Flanigan, Esq., Derek Craig Swope, Esq., Sanders, Austin, Swope & Flanigan, Princeton, West Virginia, Attorneys for the Cecils.

W. Warren Upton, Esq., Mychal S. Schulz, Esq., Jackson & Kelly, Charleston, West Virginia, Attorneys for Consolidation Coal Company.


PER CURIAM:

This case is before this Court upon appeal of a final order of the Circuit Court of McDowell County entered on August 22, 1997. The appellee and plaintiff below, Eric Calvin Cecil, an employee of the appellant and defendant below, Consolidation Coal Company (hereinafter "Consolidation"), was injured when two rail vehicles collided in Consolidation's Amonate Mine. Mr. Cecil and his wife filed a complaint asserting...

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