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STATE EX REL. CORPORATION OF CHARLES TOWN v. SANDERS

No. 35034.

687 S.E.2d 568 (2009)

STATE of West Virginia ex rel., CORPORATION OF CHARLES TOWN, a Municipal Corporation, Petitioner v. The Honorable David H. SANDERS, Judge of the Circuit Court of Jefferson County; Robert W. Furr, and Jackson-Perks Post No. 71, Inc., Respondents.

Supreme Court of Appeals of West Virginia.

Decided November 16, 2009.

Concurring Opinion of Chief Justice Benjamin December 22, 2009.

Attorney(s) appearing for the Case

Tamara J. DeFazio, Esq., Shuman, McCuskey & Slicer, PLLC, Morgantown, WV, for Petitioner.

Thomas W. Murtaugh, Esq., Law Office of Thomas W. Murtaugh, Sinks Grove, WV, Dale A. Buck, Esq., Law Office of Dale Buck, PLLC, Martinsburg, WV, for Respondent, Robert W. Furr.

Scott D. Clements, Esq., Dickie, McCamey & Chilcote, PC, Pittsburgh, PA, for Respondent, Jackson-Perks Post 71, Inc.

PER CURIAM:

Petitioner, the municipal corporation of Charles Town (hereinafter "Charles Town"), seeks a writ of prohibition to prevent the Circuit Court of Jefferson County from proceeding with the remainder of the underlying civil action until it is dismissed with prejudice from the case. Respondent Robert W. Furr brought this action against Charles Town after he slipped and fell on "black near-invisible ice" in a public...

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