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SAVILLA v. SPEEDWAY SUPERAMERICA, LLC

No. 33053.

639 S.E.2d 850 (2006)

Diana Mae SAVILLA, Administratrix of the Estate of Linda Sue Good Kannaird, Plaintiff Below, Appellant v. SPEEDWAY SUPERAMERICA, LLC, dba Rich Oil Company, a Delaware corporation; City of Charleston, a municipality; Charleston Fire Department; Bruce Gentry; and Rob Warner, Defendants Below, Appellees and Eugenia Moschgat, Intervenor.

Supreme Court of Appeals of West Virginia.

Decided November 16, 2006.

Dissenting Opinion of Justice Davis December 1, 2006.

Concurring Opinion of Justice Albright December 27, 2006.

Attorney(s) appearing for the Case

Margaret L. Workman, Esq., Charleston, for Appellant.

J. Michael Ranson, Esq., Cynthia M. Ranson, Esq., Ranson Law Offices, Charleston, for Intervenor.

Joseph S. Beeson, Esq., Keith J. George, Esq., Robinson & McElwee, Charleston, for Appellee Speedway America, LLC dba Rich Oil Company.

Jeffrey K. Phillips, Esq., Steptoe & Johnson, Charleston, for Appellee Charleston Fire Department.

STARCHER, J.:

In this case we reverse a circuit court's decision to dismiss a defendant in a wrongful death case, and we remand the case for further proceedings.

I.

Facts & Background

The instant case began with a tragic event. On February 18, 2000, in Kanawha County, West Virginia, Linda Kannaird, age 54, drowned when a rescue boat operated by the City of Charleston overturned in flood waters.

Ms. Kannaird was being...

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