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TENNANT v. SMALLWOOD

No. 30036.

568 S.E.2d 10 (2002)

211 W.Va. 703

Jeanne TENNANT, Individually and as Mother and Next Friend for Andrea Tennant and Addie Tennant, Both Infants, Plaintiff Below, Appellee, v. Russell A. SMALLWOOD, Jr., Defendant Below, State Farm Mutual Automobile Insurance Company, Appellant.

Supreme Court of Appeals of West Virginia.

Decided April 5, 2002.

Concurring Opinion of Justice Starcher July 11, 2002.

Dissenting Opinion of Justice McGraw August 2, 2002.

Attorney(s) appearing for the Case

Jeffrey A. Holmstrand, Esq., Jennifer A. Keadle, Esq., McDermott & Bonenberger, PLLC, Wheeling, West Virginia, Attorneys for the Appellant.

Michael W. McGuane, Esq., McGuane & Haranzo, Wheeling, West Virginia, Attorney for the Appellee.

DAVIS, Chief Justice:

The appellant herein, State Farm Mutual Automobile Insurance Company [hereinafter referred to as "State Farm"], appeals from an order entered March 2, 2001, by the Circuit Court of Wetzel County. In that order, the circuit court granted summary judgment in favor of the appellee herein and plaintiff below, Jeanne Tennant, individually, and in her representative capacity as mother and next friend of her infant children, Andrea and Addie Tennant...

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