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SETSER v. BROWNING

No. 31342.

590 S.E.2d 697 (2003)

214 W.Va. 504

Kedron SETSER, Plaintiff Below, Appellant, v. Neil BROWNING, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided December 4, 2003.

Dissenting Opinion of Justice McGraw December 10, 2003.

Attorney(s) appearing for the Case

William S. Thompson, Esq., Cook & Cook, Madison, for Appellant.

George A. Halkias, Esq., Mark L. Garren & Associates, Charleston, for Appellee.

MAYNARD, Justice.

The appellant, Kedron Setser, appeals the September 27, 2002 order of the Circuit Court of Boone County which granted summary judgment to the appellee, Neil Browning. The circuit court found that Setser produced no evidence of negligence or wrongdoing on the part of Browning. We agree and affirm.

I.

FACTS

The facts are not in dispute. Browning owns a 1977 Jeep CJ7. During the...

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