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NEISWONGER v. HENNESSEY

No. 31274.

601 S.E.2d 69 (2004)

215 W.Va. 749

Kevin NEISWONGER and Taunia Neiswonger, Plaintiffs Below, Appellants, v. Officer B.K. HENNESSEY, Individually and as a Member of the Morgantown City Police Department, and Morgantown City Police Department, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided June 24, 2004.

Concurring Opinion of Justice Starcher July 14, 2004.

Attorney(s) appearing for the Case

David A. Jividen, Esq., Tiffany E. Davis, Esq., W. Howard Klatt, Esq., Jividen Law Offices, PLLC, Wheeling, West Virginia, Attorneys for Appellants.

Amy M. Smith, Esq., Michael Kozakewich, Jr., Esq., Steptoe & Johnson, PLLC, Clarksburg, West Virginia, Attorneys for Appellees.

PER CURIAM:

This is an appeal by Kevin Neiswonger and Taunia Neiswonger, his wife, from an order of the Circuit Court of Monongalia County granting the defendants below, Officer B.K. Hennessey and the Morgantown City Police Department, summary judgment in a tort action instituted by the appellants. On appeal, the appellants claim that the circuit court erred in granting summary judgment in this case.

I.

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