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STILLWELL v. CITY OF WHEELING

No. 28663.

558 S.E.2d 598 (2001)

210 W.Va. 599

Adaline STILLWELL, et al., Plaintiffs Below, Appellees, v. The CITY OF WHEELING, et al., Defendants Below, Colaianni Construction, Inc., a West Virginia Corporation, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided October 26, 2001.

Dissenting Opinion of Chief Justice McGraw January 11, 2002.

Attorney(s) appearing for the Case

Richard C. Polley, Dickie, McCamey & Chilcote, L.C., Wheeling, George N. Stewart, Dara A. DeCourcy, Zimmer Kunz, P.L.L.C., Pittsburgh, PA, for the Appellant.

James G. Bordas, Jr., James B. Stoneking, Bordas, Bordas & Jividen, Wheeling, for the Appellees.

DAVIS, Justice.

Colaianni Construction, Inc., appeals from an order of the Circuit Court of Ohio County granting a new trial in this wrongful death/personal injury action. Colaianni Construction had been sued on a theory of vicarious liability arising from the alleged negligence of an independent contractor against whom a default judgment was ultimately entered. In granting a new trial, the circuit court reasoned that,...

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