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SPENCER v. McCLURE

No. 32057.

618 S.E.2d 451 (2005)

217 W.Va. 442

Martha SPENCER and Edward M. Spencer, Plaintiffs Below, Appellants, v. Timothy R. MCCLURE, Philip E. Davis, Sarah M. Harpold and Roger F. Rabalais Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Filed: June 15, 2005.

Attorney(s) appearing for the Case

David S. Skeen, Esq., South Charleston, for Appellants.

David A. Mohler, Esq., Atkinson, Mohler & Polak, PLLC, Charleston, for Appellees.

The Opinion of the Court was delivered PER CURIAM.

Justice STARCHER dissents and reserves the right to file a dissenting opinion.

PER CURIAM.

This case is before this Court upon appeal of a final order of the Circuit Court of Kanawha County entered on December 15, 2003. Pursuant to that order, the circuit court granted the appellees and defendants below, Sarah M. Harpold and Roger F. Rabalais, judgment as a matter of law in this personal injury action...

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