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SKAGGS v. KROGER COMPANY/KROGER LTD. PARTNERSHIP I

Civil Action No. 2:10-0768.

788 F.Supp.2d 501 (2011)

Jason SKAGGS, Plaintiff, v. The KROGER COMPANY/KROGER LIMITED PARTNERSHIP I, an Ohio Corporation, Defendant.

United States District Court, S.D. West Virginia, at Charleston.

April 21, 2011.

Attorney(s) appearing for the Case

Truman C. Griffith , Robert B. Warner , William B. Hicks , Warner Law Offices, Charleston, WV, for Plaintiff.

Travis S. Haley , Pullin Fowler Flanagan Brown & Poe, Charleston, WV, for Defendant.

MEMORANDUM OPINION AND ORDER

JOHN T. COPENHAVER, JR., District Judge.

Pending is defendant's motion for summary judgment, filed March 18, 2011.

I. Background

This is a deliberate intention action in which plaintiff Jason Skaggs seeks to recover damages from defendant the Kroger Company/Kroger Limited Partnership I ("Kroger") for injuries incurred on the job.1 The following factual recitation is given...

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