NEAL v. MARION

No. 33520.

664 S.E.2d 721 (2008)

Jerry NEAL and Karen Neal, Plaintiffs Below, Appellants, v. J.D. MARION, David Jordan, Beverly Jordan, Sandy Kessell, Lombardo Realty Company n/k/a New Millennium Corporation, and The City of Charleston, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided June 18, 2008.


Attorney(s) appearing for the Case

David L. Grubb, Cameron S. McKinney, The Grubb Law Group, Charleston, WV, for Appellants.

Josef A. Horter, H. Jerome Sparks, Hendrickson & Long, PLLC, for Appellee J.D. Marion.


BENJAMIN, Justice.

The instant appeal arises from the Circuit Court of Kanawha County's application of the West Virginia Architect and Builder's Statute of Repose, W. Va.Code § 55-2-6a(1983),1 to dismiss, upon a motion for summary judgment all claims asserted by appellants Jerry Neal and Karen Neal (hereinafter collectively referred to as "the Neals") against appellee J.D. Marion (hereinafter "Marion") in this civil lawsuit. In the...

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