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ZIRKLE v. WINKLER

No. 30787.

585 S.E.2d 19 (2003)

214 W.Va. 19

Melissa Faith ZIRKLE, Individually and as parent of Rickie Daniel Hathaway, an infant, Plaintiff Below, Appellant, v. Robert Dale WINKLER and Clarksburg Publishing Company Morning Paper, Appellee.

Supreme Court of Appeals of West Virginia.

Decided May 22, 2003.

Attorney(s) appearing for the Case

LaVerne Sweeney, Esq., Grafton, West Virginia, Attorney for Appellant.

Boyd L. Warner, Esq., Waters, Warner & Harris, Clarksburg, West Virginia, Attorney for Appellee Clarksburg Publishing Company Morning Paper.

PER CURIAM:

In this appeal from the Circuit Court of Harrison County, the circuit court held that a newspaper company could not have any liability to pay compensation for injuries caused by a newspaper delivery driver, because the driver was an "independent contractor." We reverse and hold that the issue of the newspaper's possible liability is a jury matter.

I.

Facts & Background

This case arises from a February 9, 1999 automobile...

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