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BLANKENSHIP v. CITY OF CHARLESTON

No. 34399.

679 S.E.2d 654 (2009)

Michael BLANKENSHIP and Misty Blankenship, Plaintiffs Below, Appellees, v. The CITY OF CHARLESTON and Boston Culinary Group, Inc., d/b/a Distinctive Gourmet, Defendants/Third-Party Plaintiffs Below, Appellees, v. Lakewood Swim Club, Inc., Third Party Defendant/Fourth-Party Plaintiff Below, Appellant, v. Evanston Insurance Company, Fourth-Party Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided June 18, 2009.

Attorney(s) appearing for the Case

C. Benjamin Salango, Preston & Salango, PLLC, Charleston, WV, for the Appellant.

John F. McCuskey, Heather B. Osborn, Shuman, McCuskey & Slicer, PLLC, Charleston, WV, for the Appellee, Evanston Insurance Company.

PER CURIAM.

This is an appeal of fourth-party plaintiff below, Lakewood Swim Club, Inc. (hereinafter "Lakewood"), from the December 11, 2007, order of the Circuit Court of Kanawha County granting summary judgment in favor of fourth-party defendant below, Evanston Insurance Co. (hereinafter "Evanston"), in a declaratory judgment action arising in a negligence case.1 The issues decided by the lower court involve whether Evanston had a duty...

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