BLACK v. CSX TRANSP., INC.

No. 33218.

648 S.E.2d 610 (2007)

Sally BLACK, Executrix of Estate of Charles A. Black, et al., Plaintiff Below, Appellant, v. CSX TRANSPORTATION, INC., Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided: June 6, 2007.

Dissenting Opinion of Justice Benjamin July 25, 2007.

Concurring Opinion of Justice Starcher August 8, 2007.


Attorney(s) appearing for the Case

Robert F. Daley, Robert Peirce & Associates, P.C., Pittsburgh, PA, for the Appellant.

Luke A. Lafferre, Jason E. Roma, Huddleston Bolen LLP, Huntington, for the Appellee.


PER CURIAM.

The appellant herein and plaintiff below, Sally Black, as Executrix of the Estate of Charles A. Black [hereinafter "Mrs. Black"], appeals from an order entered April 7, 2006, by the Circuit Court of Kanawha County.1 In that order, the circuit court denied Mrs. Black's motion for a new trial and entered judgment for the appellee herein and defendant below, CSX Transportation, Inc. [hereinafter "CSX"], following the return of...

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