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POSEY v. CITY OF BUCKHANNON

No. 11-0565.

723 S.E.2d 842 (2012)

Steven M. POSEY and Michelle E. Posey, Plaintiffs Below, Petitioners, v. CITY OF BUCKHANNON, West Virginia, a West Virginia statutory municipal corporation, Defendant Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided January 27, 2012.

Attorney(s) appearing for the Case

Bader C. Giggenbach, Esq. , Brewer & Giggenbach, Morgantown, WV, for Steven M. Posey and Michelle E. Posey.

Tamara J. DeFazio, Esq. , Kristen D. Antolini, Esq. , Shuman, McCuskey & Slicer, Morgantown, WV, for The City of Buckhannon.

KETCHUM, C.J.:

This action is before this Court upon the appeal of petitioners Steven M. Posey and Michelle E. Posey from the order of the Circuit Court of Upshur County, West Virginia, dismissing their complaint, with prejudice, against the respondent, the City of Buckhannon. The complaint alleged negligence against the City resulting in injuries to Steven M. Posey when he fell at the City's solid waste transfer station...

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