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ESTATE OF ROBINSON v. RANDOLPH COUNTY

No. 28851.

549 S.E.2d 699 (2001)

209 W.Va. 505

The ESTATE OF Bobby J. ROBINSON, Deceased, by and Through His Widow, Tina Marie ROBINSON, and His Mother, Margaret Robinson, as Co-Administratrixes of the Estate, Plaintiffs Below, Appellants, v. RANDOLPH COUNTY COMMISSION, Paul Brady, Sheriff of Randolph County, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided July 2, 2001.

Concurring Opinion of Justice Starcher July 10, 2001

Concurring Opinion of Justice Albright July 12, 2001.

Attorney(s) appearing for the Case

Wesley W. Metheney, Paul T. Farrell, Jr., Wilson, Frame, Benninger & Metheney, PLLC, Morgantown, West Virginia, H. Gerard Kelley, Philippi, West Virginia, Attorneys for the Appellant.

Joseph A. Wallace, Elkins, West Virginia, Attorney for the Appellee.

PER CURIAM:

This appeal arises from a civil action brought by the Estate of Bobby J. Robinson, deceased, claiming that certain parties, including the decedent's criminal defense lawyer, failed to take appropriate protective action to prevent Mr. Robinson's jailhouse suicide. The Estate appeals an order dismissing the defendant criminal defense lawyer pursuant to Rule 12(b)(6) of the West Virginia Rules of Civil Procedure. Observing that the circuit judge considered...

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