KYLE v. DANA TRANSPORT, INC.

No. 33183.

649 S.E.2d 287 (2007)

David R. KYLE, Plaintiff Below, Appellant v. DANA TRANSPORT, INC., a New Jersey Corporation Authorized to do Business in the State of West Virginia, and Ronnie Dodrill, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided May 15, 2007.

Concurring Opinion of Justice Davis June 12, 2007.

Concurring Opinion of Justice Starcher June 11, 2007.


Attorney(s) appearing for the Case

Rudolph L. DiTrapano, Lonnie C. Simmons, Heather M. Langeland, DiTrapano, Barrett & DiPiero, PLLC, Charleston, for the Appellant.

Harvey D. Peyton, Thomas H. Peyton, Peyton Law Firm, Nitro, for the Appellees.


ALBRIGHT, Justice:

David R. Kyle appeals from the January 6, 2006, adverse summary judgment ruling entered by the Circuit Court of Putnam County as a result of Appellant's request that he be permitted to proceed under the doctrine of res ipsa loquitur in connection with his personal injury case. Upon our review of all pertinent submitted materials and applicable law, we conclude that the circuit court did not commit error in ruling that Appellant had failed...

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