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PROUDFOOT v. DAN'S MARINE SERVICE, INC.

No. 29291.

558 S.E.2d 298 (2001)

210 W.Va. 498

Laurel PROUDFOOT, Plaintiff Below, Appellee, v. DAN'S MARINE SERVICE, INC., a West Virginia Corporation, Defendant Below, Appellant. Shore-Masters, Inc., A Minnesota Corporation, Defendant Below.

Supreme Court of Appeals of West Virginia.

Decided October 30, 2001.

Concurring Opinion of Justice Starcher January 8, 2002.

Attorney(s) appearing for the Case

David W. Frame, Clarksburg, West Virginia, for appellee.

Avrum Levicoff, Brown & Levicoff, Pittsburgh, Pennsylvania, for appellant.

MAYNARD, J.

Dan's Marine Service, Inc., the appellant and defendant below, appeals the July 27, 2000 order of the Circuit Court of Taylor County in which the circuit court denied the appellant's motion for a new trial. After reviewing the issue raised by the appellant, we reverse and remand.

I.

FACTS

On August 16, 1996, Laurel Proudfoot, the plaintiff below and appellee, was injured when she...

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