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MACE v. FORD MOTOR COMPANY

No. 33080.

653 S.E.2d 660 (2007)

Terry R. MACE and Donald Mace, Plaintiffs Below, Appellants v. FORD MOTOR COMPANY, a Delaware corporation; Liberty Mutual Insurance Company, Inc., a Massachusetts corporation; and Bert Wolfe Ford, Inc., a West Virginia corporation, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided May 25, 2007.

Attorney(s) appearing for the Case

J. Miles Morgan, Esq., Charleston, WV, Edgar F. Heiskell, III, Esq., Michie, Hamlett, Lowry, Rasmussen & Tweel, Charlottesville, VA, for appellants.

Andrew L. Paternostro, Esq., Bell & Bands, Charleston, WV, for appellee Bert Wolfe Ford, Inc.

Ancil G. Ramey, Esq., Steptoe & Johnson, Barbara J. Keefer, Esq., MacCorkle, Lavender, Casey & Sweeney, Charleston, WV, for appellee Liberty Mutual Insurance Company, Inc.

PER CURIAM.

In this appeal from the Circuit Court of Kanawha County, we are asked to review a summary judgment order dismissing a negligent spoliation lawsuit against an insurance company.

As set forth below, we affirm the circuit court's order.

I.

On February 4, 2002, appellant (and plaintiff below) Terry Mace was injured in a single-vehicle accident when the 1994 Ford Explorer that she was driving went out of control and rolled over.

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