BENDER v. GLENDENNING

No. 32862, 32863.

632 S.E.2d 330 (2006)

219 W.Va. 174

Jeremy BENDER, Travis Sturm, Jason Gregory, and Jason Brooks, Plaintiffs Below, Jeremy Bender, Appellant, v. Donald Ray GLENDENNING, Jr., and the Webster County Board of Education, Defendants Below, Appellees, and The Webster County Board of Education, Defendant and Third-Party Plaintiff Below, Appellee, v. Donald Ray Glendenning, Jr., Third-Party Defendant Below, Appellee, and Donald Ray Glendenning, Jr., Fourth-Party Plaintiff Below, Appellee, v. Continental Casualty Company, A CNA Company, Fourth-Party Defendant Below, Appellee. and Jeremy Bender, Travis Sturm, Jason Gregory, and Jason Brooks, Plaintiffs Below, Travis Sturm, Jason Gregory, and Jason Brooks, Appellants, v. Donald Ray Glendenning, Jr., and the Webster County Board of Education, Defendants Below, Appellees, and The Webster County Board of Education, Defendant and Third-Party Plaintiff Below, Appellee, v. Donald Ray Glendenning, Jr., Third-Party Defendant Below, Appellee, and Donald Ray Glendenning, Jr., Fourth-Party Plaintiff Below, Appellee, v. Continental Casualty Company, A CNA Company, Fourth-Party Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided May 12, 2006.

Dissenting Opinion of Justice Benjamin May 16, 2006.

Dissenting Opinion of Justice Maynard June 22, 2006.

Concurring Opinion of Justice Starcher July 11, 2006.


Attorney(s) appearing for the Case

Gregory Sproles, Breckinridge, Davis, Sproles & Chapman, PLLC, Summersville, Charles K. Garnes, Jr., Kenneth P. Hicks, Kenneth P. Hicks, LC, Huntington, for the Appellant.

William A. McCourt, Jr., Losch & McCourt, PLLC, Summersville, for the Appellants.

Charles R. Bailey, David J. Mincer, Jason A. Winnell, Bailey & Wyant, P.L.L.C., Charleston, for the Appellee.


PER CURIAM:

The appellants1 herein and plaintiffs below, Jeremy Bender, Travis Sturm, Jason Gregory, and Jason Brooks [hereinafter collectively referred to as "Mr. Bender"], appeal from an order entered December 9, 2004, by the Circuit Court of Webster County. By the terms of that order, the circuit court awarded summary judgment to Continental Casualty Company [hereinafter referred to as "Continental"],2 finding...

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