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SAN FRANCISCO v. WENDY'S INTERN., INC.

No. 33284.

656 S.E.2d 485 (2007)

Clinton SAN FRANCISCO and Jessie San Francisco, his wife, Plaintiffs Below, Appellants v. WENDY'S INTERNATIONAL, INC., Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided November 21, 2007.

Concurring Opinion of Chief Justice Davis November 26, 2007.

Dissenting Opinion of Justice Benjamin December 19, 2007.

Attorney(s) appearing for the Case

Guy R. Bucci, Esq., D. Blake Carter, Jr., Esq., Bueci, Bailey & Javins, Charleston, WV, Pamela A. Lambert, Esq., Lambert & Associates, Gilbert, WV, Attorneys for Appellants.

Teresa A. Kleeh, Esq., Scott E. Johnson, Esq., Joanna I. Tabit, Esq., Steptoe & Johnson, Charleston, WV, Attorneys for Appellee.

STARCHER, J.

In this appeal from the Circuit Court of Kanawha County, we are asked to examine an order precluding the plaintiffs below from presenting the testimony of two expert witnesses in a case of food poisoning. The circuit court then went on to grant summary judgment to the defendant, on the basis that the plaintiffs did not have sufficient evidence to support their claim. On appeal, the parties debate whether the two experts—a treating physician and...

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