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MORRIS v. CROWN EQUIPMENT CORP.

No. 32751.

633 S.E.2d 292 (2006)

Jeremiah "Bart" MORRIS, Plaintiff Below, Appellant v. CROWN EQUIPMENT CORPORATION, a foreign corporation; and Jefferds Corporation, dba Homestead Materials Handling Company, a West Virginia Corporation, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided June 29, 2006.

Dissenting Opinion of Justice Maynard June 30, 2006.

Concurring Opinion of Justice Benjamin July 11, 2006.

Concurring Opinion of Justice Albright July 12, 2006.

Attorney(s) appearing for the Case

John W. Cooper, Esq., Cooper, Preston & Douglas, Parsons, Thomas W. Pettit, Esq., Barboursville, for Appellant.

Michael J. Farrell, Esq., Robert L. Hogan, Esq., Farrell, Farrell & Farrell, Huntington, for Crown Equipment Corp.

Thomas J. Cullen, J. R., Esq., Adam T. Sampson, Esq., Godell, DeVries, Leech & Dawn, Baltimore, MD, Pro Hac Vice for Crown Equipment Corp.

Lawrence E. Morhous, Esq., M. Hudson McClanahan, Esq., Brewster, Morhous, Cameron, Mullin, Caruth & Moore, Bluefield, for Jefferds Corporation, dba Homestead Materials Handling Co.

STARCHER, J.:

In this case we hold that a plaintiff cannot be denied the right to bring a products liability lawsuit in this state against a West Virginia corporation and an out-of-state corporation merely because the plaintiff is a resident of another state.

I.

Facts & Background

The complaint in the instant case alleged the following facts: the appellant and plaintiff below, Jeremiah "Bart" Morris ("Morris"), a resident and...

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