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MUTO EX REL. MUTO v. SCOTT

No. 33506.

686 S.E.2d 1 (2008)

Gregory J. MUTO, by his Administrator and Next Friend, Linda MUTO, and Linda Muto, his Widow, Plaintiff Below, Appellant, v. Larry SCOTT, Individually, Larry Scott Ltd. Co., and Larado Construction Sales, LLC, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided June 26, 2008.

Attorney(s) appearing for the Case

Julie Gower Romain, Esq., Fairmont, WV, for Appellant.

Michael D. Lorensen, Esq. Bowles Rice McDavid Graff & Love, Martinsburg, WV, for Appellees.

MAYNARD, Chief Justice.

In this appeal, the appellant and plaintiff below, Linda Muto, appeals the January 16, 2007, order of the Circuit Court of Grant County that dismissed her amended complaint against the appellees and defendants below, Larry Scott, individually, Larry Scott Ltd. Co., and Larado Construction Sales, LLC, after finding that the appellant's amended complaint did not relate back to her original complaint. As a result, the circuit court found that...

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