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SERGENT v. CITY OF CHARLESTON

No. 28479.

549 S.E.2d 311 (2001)

209 W.Va. 437

John D. SERGENT, as Administrator of the Estate of David Sergent, Deceased, Plaintiff Below, Appellant, v. The CITY OF CHARLESTON, West Virginia, a Municipal Corporation; William H. Hart and Greg White, Police Officers of the City of Charleston; the City of St. Albans; J.H. Crawford, Police Officer of the City of St. Albans; Terryonto McGrier, a Convict; and Jerome Thomas, a Convict, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided June 13, 2001.

Dissenting Opinion of Chief Justice McGraw July 6, 2001.

Dissenting Opinion of Justice Starcher July 9, 2001.

Attorney(s) appearing for the Case

Charles D. Perfater, Esq., Perfater & Pauley, Charleston, for Sergent.

John R. Teare, Jr., Esq., Bowles Rice McDavid Graff & Love, Charleston, for City of Charleston, Hart and White.

Ancil G. Ramey, Esq., Steven P. McGowan, Esq., Jace H. Goins, Esq., Steptoe & Johnson, Charleston, for City of St. Albans and Crawford.

Michael L. Del Giudice, Esq., Ciccarello, Del Giudice & LaFon, Charleston, Guardian ad Litem for McGrier.

James A. Dodrill, Esq., Charleston, Guardian ad Litem for Thomas.

PER CURIAM.

The appellant, John D. Sergent, Administrator of the Estate of David Glenn Sergent, Deceased, appeals the December 2, 1999 order of the Circuit Court of Kanawha County which granted summary judgment to the appellees, City of Charleston, City of St. Albans, Charleston Police Officers William H. Hart and Greg White, and St. Albans Police Officer J.H. Crawford. The appellant's deceased was killed when a vehicle...

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