ROBERTSON v. MORRIS

No. 28200.

546 S.E.2d 770 (2001)

209 W.Va. 288

James Lawrence ROBERTSON, Jr., Individually and as Natural Father, Guardian and next friend of Jessica B. Robertson and Justin R. Robertson, Infants, Plaintiff Below, Appellant, v. Susan MORRIS and Herbert Clifton Adkins, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided April 27, 2001.


Attorney(s) appearing for the Case

Harry F. Bell, Jr., William L. Bands, Bell & Associates, Charleston, Attorneys for Appellant.

Anita R. Casey, Craig P. Erhard, MacCorkle, Lavender & Casey, Charleston, Attorneys for Susan Morris, Appellee.


PER CURIAM:

The appellant in this proceeding, James Lawrence Robertson, Jr., was severely injured when he fell from a tree which he was cutting on the premises of the appellee, Susan Morris. The appellant sued Ms. Morris, and Ms. Morris raised as a defense the "independent contractor" defense, that is, that Mr. Robertson, or a person for whom he was working, was an independent contractor and that, as a consequence, she was not legally responsible under the law of...

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