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RUCKEL v. SEARS, ROEBUCK AND CO.

No. CIV.A. 203-0021.

287 F.Supp.2d 652 (2003)

James Scott RUCKEL, Plaintiff, v. SEARS, ROEBUCK AND COMPANY, Defendant.

United States District Court, S.D. West Virginia, Charleston Division.

October 20, 2003.

Attorney(s) appearing for the Case

Henry E. Wood, III, Wood Law Office, Charleston, WV, for Plaintiff.

Cheryl H. Ledbetter, Brian J. Moore, Jackson Kelly, Charleston, WV, for Defendant.

MEMORANDUM OPINION AND ORDER

HADEN, District Judge.

Pending is Defendant Sears, Roebuck and Company's ("Sears") motion for summary judgment. The Court GRANTS the motion.

I. FACTUAL BACKGROUND

Ruckel suffers from cerebral palsy, a condition that slows his speech and actions slightly. The condition also causes him to have strabismus or "crossed eyes." Other than his slight slowness in some actions and his crossed eyes...

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