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STRAHIN v. CLEAVENGER

No. 31373.

603 S.E.2d 197 (2004)

216 W.Va. 175

Daniel R. STRAHIN, James A. Strahin, and Willa Strahin, Plaintiffs Below, Appellees v. Robert Glenn CLEAVENGER, Larry Cleavenger, Jr., and Mary Cleavenger, Defendants Below, Appellees and Earl Sullivan, Defendant and Third-Party Plaintiff Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided June 30, 2004.

Concurring Opinion of Justice Starcher July 2, 2004.

Attorney(s) appearing for the Case

H. Gerald Kelley, Catherine A. McGuire, Kelley Legal Services, P.L.L.C., Philippi, for the Appellees.

James A. Varner, Tiffany R. Durst, Debra T. Hall Herron, McNeer, Highland, McMunn & Varner, Clarksburg, for the Appellant.

ALBRIGHT, Justice.

Through this appeal from the March 20, 2002, judgment order and the May 24, 2002, order denying post-trial motions of the Circuit Court of Barbour County, Earl Sullivan, defendant and third-party plaintiff below, appellant herein, challenges the jury verdict in a negligence action entered against him for the benefit of Appellee, Daniel Strahin, plaintiff below, appellee herein.1 Appellant maintains that the lower court...

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