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COVINGTON v. SMITH

No. 30734.

582 S.E.2d 756 (2003)

213 W.Va. 309

James Milton COVINGTON and Jeraldine I. Covington, Plaintiffs Below, Appellants, v. Michael John SMITH, Walter Lee Forbis, Ryder Truck Rental, Inc., and D.T.F. Trucking, Inc., Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided March 17, 2003.

Concurring Opinion of Chief Justice Starcher July 11, 2003.

Attorney(s) appearing for the Case

Hamilton D. Skeens, Esq., Brown & Levicoff, P.L.L.C., Beckley, West Virginia, Attorney for the Appellants.

Edgar E. Bibb, III, Esq., Lynch, Mann & Bibb, Beckley, West Virginia, Attorney for the Appellee, Michael John Smith.

Stephen R. Crislip, Esq., Jill M. Obenchain, Esq., Jackson Kelly PLLC, Charleston, West Virginia, Attorneys for the Appellees, Walter Lee Forbis, Ryder Truck Rental, Inc., and D.T.F. Trucking, Inc.

Chief Justice STARCHER concurs and reserves the right to file a concurring opinion.

DAVIS, Justice:

The appellants herein and plaintiffs below, James Milton Covington [hereinafter referred to as "Mr. Covington"] and Jeraldine I. Covington [hereinafter referred to as "Mrs. Covington"],1 appeal from orders entered September 20, 2001, and February 27, 2002, by the Circuit Court of Raleigh County. In its September 20, 2001, order, the circuit court refused the Covingtons' motion...

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