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MILLS v. DAVIS

No. 30121.

567 S.E.2d 285 (2002)

211 W.Va. 569

Milton Lee MILLS and Vanessa F. Mills, Plaintiffs Below, Appellants, v. Herman William DAVIS, U-Haul Rental Company and Republic Western Insurance Company, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided June 17, 2002.

Dissenting Opinion of Justice Maynard July 3, 2002.

Attorney(s) appearing for the Case

Kenneth P. Hicks, Esq., Charles K. Garnes, Jr., Esq., Huntington, for Appellants.

Mark A. Atkinson, Esq., Timbera C. Wilcox, Esq., Rose & Atkinson, Charleston, for Appellees.

MCGRAW, Justice.

Appellants and plaintiffs below appeal the lower court's dismissal of their tort action arising from a car accident in Wayne County, West Virginia. After settling with the original defendants, appellants continued their action against their own underinsured motorist carrier, State Farm. Appellant Milton Lee Mills failed to attend an independent medical examination scheduled within a month of trial. Communication...

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