EDWARDS v. BESTWAY TRUCKING, INC.

No. 30122, 30123.

569 S.E.2d 443 (2002)

212 W.Va. 196

Matthew EDWARDS, as Personal Representative for the Estate of Jeremy Matthew Edwards; Donald Ray Wood, as Personal Representative for the Estate of Jennifer Dawn Wood; James D. Wood, as Personal Representative for the Estate of Deborah Sue Mays; and Jessica Lynn Spradling, Plaintiffs Below, Appellees, v. BESTWAY TRUCKING, INC., an Indiana Corporation, Defendant Below, Appellant, Albert Victor Mays; State Farm Mutual Automobile Insurance Company, a Maryland Company; Sentry Insurance a Mutual Company, a Virginia Company; and John Deere Insurance Company, an Illinois Company, Defendants Below, Appellees. and Matthew Edwards, as Personal Representative for the Estate of Jeremy Matthew Edwards; Donald Ray Wood, as Personal Representative for the Estate of Jennifer Dawn Wood; James D. Wood, as Personal Representative for the Estate of Deborah Sue Mays; and Jessica Lynn Spradling, Plaintiffs Below, Appellants, v. Bestway Trucking, Inc., an Indiana Corporation; Albert Victor Mays; State Farm Mutual Automobile Insurance Company, a Maryland Company; Sentry Insurance a Mutual Company, a Virginia Company; and John Deere Insurance Company, an Illinois Company, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided June 17, 2002.


Attorney(s) appearing for the Case

Lonnie C. Simmons, Esq., Franklin S. Fragale, Jr., Esq., Fragale and Simmons, Charleston, for Matthew Edwards.

L. Dante DiTrapano, Esq., J. Timothy DiPiero, Esq., DiTrapano, Barrett & DiPiero, Charleston, for James D. Wood.

C. Michael Bee, Esq., Hill, Peterson, Carper, Bee & Deitzler, PLLC, Charleston, for Jessica Lynn Spradling, et al.

Robert L. Massie, Esq., Marc E. Williams, Esq., Huddleston, Bolen, Beatty, Porter & Copen, LLP, Charleston, for Appellant Bestway Trucking, Inc.

Franklin L. Gritt, Jr., Esq., Winfield, for Albert Victor Mays.

Gary E. Pullin, Esq., Pullin, Knopf, Fowler & Flanagan, Charleston, for State Farm Insurance Company.

David L. Wyant, Esq., Patricia K. Gaudoin, Esq., Bailey & Wyant, PLLC, Wheeling, for Appellee Sentry Select Insurance Company.


PER CURIAM.

This is an appeal by Matthew Edwards, Personal Representative of the Estate of Jeremy Matthew Edwards; Donald Ray Wood, Personal Representative of the Estate of Jennifer Dawn Wood; James D. Wood, Personal Representative of the Estate of Deborah Sue Mays; and Jessica Lynn Spradling, from an order entered by the Circuit Court of Kanawha County in a personal injury action.1 The circuit court ruled that a general umbrella liability...

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