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MITCHELL v. BROADNAX

No. 25539.

537 S.E.2d 882 (2000)

208 W.Va. 36

Paul MITCHELL, as Executor of the Estate of Mary S. Mitchell, Plaintiff Below, Appellant, v. Anthony George BROADNAX, Defendant Below, Appellee. Naomi S. Mitchell and Geraldine O'Dell, Plaintiffs Below, v. Anthony Broadnax, Defendant Below.

Supreme Court of Appeals of West Virginia.

Decided February 18, 2000.

Concurring Opinion of Justice Starcher April 21, 2000.

Concurring and Dissenting Opinion of Justice McGraw October 20, 2000.

Attorney(s) appearing for the Case

Roslyn Clark-Payne, Wilbert A. Payne, Beckley, West Virginia, Attorneys for the Appellant.

Mark A. Bramble, Brent K. Kesner, Ellen R. Archibald, Kesner, Kesner & Bramble, Charleston, West Virginia, Attorneys for the Appellee, Anthem Casualty Insurance Company.

Wesley W. Metheney, Paul T. Farrell, Jr., Wilson, Frame, Benninger & Metheney, PLLC, Morgantown, West Virginia, Barry Hill, Law Offices of Barry Hill, Wheeling, West Virginia, Attorneys for Amicus Curiae, West Virginia Trial Lawyers Association.

DAVIS, Justice.

The appellant herein and plaintiff below, Paul Mitchell [hereinafter "Mitchell"], as executor of the estate of Mary S. Mitchell [hereinafter "Ms. Mitchell" or "the decedent"], appeals from an April 15, 1998, order entered by the Circuit Court of Raleigh County. In that order, the circuit court awarded summary judgment and declaratory judgment to the appellee herein and defendant below, Anthem Casualty Insurance...

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