FRANCE v. SOUTHERN EQUIPMENT CO.

No. 34494.

689 S.E.2d 1 (2010)

Langley and Inez FRANCE, individually and as the Parents and Next Friends of Robert France, a minor, Plaintiffs Below, Appellants v. SOUTHERN EQUIPMENT COMPANY, a West Virginia Corporation; and Quality Metal Roof Manufacturing and Sales, Inc., a West Virginia Corporation, Defendants Below, Appellees and Southern Equipment Company, Third-Party Plaintiff Below, Appellee v. Dan Hensley, d/b/a/ Royalty Builders, Third-Party Defendant Below.

Supreme Court of Appeals of West Virginia.

Modified Opinion Filed January 28, 2010.


Attorney(s) appearing for the Case

L. Lee Javins, II, Esq., Guy R. Bucci, Esq., D. Blake Carter, Jr., Esq., Bucci Bailey & Javins, L.C., Charleston, WV, for Appellant.

Gary E. Pullin, Esq., Molly K. Underwood, Esq., Pullin, Fowler, Flanagan, Brown & Poe, PLLC, Charleston, WV, for Appellee, Southern Equipment Company.


KETCHUM, Justice:

In this appeal from the Circuit Court of Logan County, a plaintiff seeks to reverse a circuit court order granting summary judgment in favor of a defendant. The circuit court's order held that the defendant owed no duty of care to the plaintiff under our independent contractor defense.

As set forth below, we affirm the circuit court's summary judgment order in favor of the defendant.

I....

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