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ELLISON v. DOE

No. 31573.

600 S.E.2d 229 (2004)

215 W.Va. 517

Cheryl ELLISON, individually and as Natural Guardian and next friend of Cody Poole and Lacrisha Kimes, Plaintiffs Below, Appellants, v. John DOE, Nationwide Mutual Insurance Company and Kristy M. Foutty, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Filed: June 18, 2004.

Attorney(s) appearing for the Case

Christopher P. Bastien, Esq., Gerald R. Lacy, Esq., Bastien & Lacy, Charleston, for Appellants.

Anita R. Casey, Esq., Donna S. Quesenberry, Esq., MacCorkle, Lavender & Casey, Charleston, for Appellees.

PER CURIAM.

The appellants Cheryl Ellison, individually and as next friend of Cody Poole and Lacrisha Kimes, appeal from a circuit court order granting summary judgment in favor of the appellee Nationwide Mutual Insurance Company. In granting summary judgment, the circuit court found that the statement of a driver involved in the traffic accident, standing by itself, cannot support a finding that a second unknown vehicle was a proximate cause of the accident.

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