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TUCKER v. DEPT. OF CORRECTIONS

No. 25440.

530 S.E.2d 448 (1999)

207 W.Va. 187

Dave TUCKER, Sheriff of Kanawha County, West Virginia, as Personal Representative of the Estate of Reginald T. Seamon, Jr., Plaintiff Below, Appellant, v. WEST VIRGINIA DEPARTMENT OF CORRECTIONS, et al., Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided May 26, 1999.

Attorney(s) appearing for the Case

Arthur T. Ciccarello, Esquire, Michael J. Del Giudice, Esquire, Ciccarello, Del Giudice & LaFon, Charleston, West Virginia, Attorneys for Appellant.

David P. Cleek, Esquire, Darin C. James, Esquire, Shuman, Annand, Bailey, Wyant & Earles, Charleston, West Virginia, Attorneys for Appellees.

PER CURIAM:

This is an appeal by David Tucker, Sheriff of Kanawha County, acting as Administrator of the Estate of Reginald T. Seamon, Jr., from an order of the Circuit Court of Kanawha County granting the West Virginia Department of Public Safety, Division of Corrections (which will hereafter be referred to as the "Division of Corrections" or "the Division") and certain individual defendants summary judgment in a wrongful death action. The circuit court granted summary...

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