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STRAHIN v. SULLIVAN

No. 33091.

647 S.E.2d 765 (2007)

Daniel R. STRAHIN, Plaintiff Below, Appellant v. Earl SULLIVAN and Farmers & Mechanics Mutual Insurance Company, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided February 21, 2007.

Dissenting Opinion of Justice Starcher June 29, 2007.

Dissenting Opinion of Justice Albright July 12, 2007.

Concurring Opinion of Justice Davis July 19, 2007.

Concurring Opinion of Justice Benjamin July 25, 2007.

Attorney(s) appearing for the Case

Paul T. Farrell, Jr., Esq., Greene, Ketchum, Bailey, Walker, Farrell & Tweel, Huntington, Stephen D. Annand, Esq., The Cochran Firm, Washington, D.C., Leonard T. Kelley, Esq., Kelley Legal Services, Philippi, for Daniel R. Strahin.

James A. Varner, Sr., Esq., Tiffany R. Durst, Esq., Debra Tedeschi Herron, Esq., McNeer, Highland, McMunn & Varner, L.C., Clarksburg, for Farmers & Mechanics Mut. Ins. Co.

MAYNARD, Justice.

This case is before this Court for a second time. The initial complaint was filed in February 1999 after Daniel R. Strahin, the appellant and plaintiff below, was shot in the arm by Robert Cleavenger in 1998 while he was a guest on property owned by Earl Sullivan. In Strahin v. Cleavenger, 216 W.Va. 175, 603 S.E.2d 197 (2004) (hereinafter "Strahin I"), this Court...

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