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MARCUS v. HOLLEY

No. 31872.

618 S.E.2d 517 (2005)

217 W.Va. 508

Sharon Kay MARCUS, Individually and as Guardian of Tonya Lynn Marcus, a Protected Person; John William Marcus, Individually, and Christy Michele Marcus Page, Individually, Plaintiffs Below, Appellants v. Roger A. HOLLEY, Individually and/or as an Agent, Employee, Servant and/or Representative of Winans Sanitary Supply Co., Inc., a West Virginia Corporation; and John Doe(s), Individuals, and John Doe Company(ies), Corporation(s) and/or Other Entity(ies), Etc., Defendants Below, Respondents.

Supreme Court of Appeals of West Virginia.

Decided May 11, 2005.

Attorney(s) appearing for the Case

Robert M. Losey, Huntington, West Virginia, Attorney for the Appellants.

Anita R. Casey, Renatha S. Garner, MacCorkle, Lavender, Casey & Sweeney, P.L.L.C., Charleston, West Virginia, Attorneys for the Appellee, Roger A. Holley.

Thomas E. Buck, Mark A. Kepple, Bailey & Wyant, P.L.L.C., Wheeling, West Virginia, Attorneys for the Appellee, Winans Sanitary Supply Co.

William L. Mundy, Mundy & Nelson, Huntington, West Virginia, Attorney for the Appellee, Allstate Insurance Co.

ALBRIGHT, Chief Justice:

This is an appeal by John William Marcus, individually and as guardian of Tonya Lynn Marcus; Sharon Kay Marcus, individually; and Christy Michele Marcus Page, individually (hereinafter "Appellants"), from a decision of the Circuit Court of Cabell County granting summary judgment to the Appellees1 in a motor vehicle collision case. The Appellants contend that the lower court erred in granting summary judgment to...

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