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JENKINS v. STATE FARM MUT. AUTO. INS. CO.

No. 32895.

632 S.E.2d 346 (2006)

219 W.Va. 190

Carolyn JENKINS, Administratrix of the Estate of Roy L. Jenkins, Deceased Plaintiff Below, Appellant v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided May 18, 2006.

Dissenting Opinion of Justice Starcher July 11, 2006.

Attorney(s) appearing for the Case

Richard E. Hardison, Jr., Esq., Beckley, Attorney for Appellant.

Anthony J. Cicconi, Esq., Charleston, Attorney for Appellee.

PER CURIAM:

In the instant case, the appellant, Carolyn Jenkins, Administratrix of the Estate of Roy L. Jenkins, deceased, appeals an order of the Circuit Court of Wayne County dated May 31, 2005, denying her motion for summary judgment and granting summary judgment in favor of the appellee, State Farm Mutual Automobile Insurance Company (hereinafter, "State Farm"). This case arose out of an automobile accident that resulted in the death of Roy Jenkins. In her complaint...

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