MARCUS v. STAUBS

No. 11-0994.

736 S.E.2d 360 (2012)

Jonathan Ray MARCUS, Defendant Below, Petitioner v. Lori Ann STAUBS, as mother and next friend of Jessica Lynn Staubs, and as Administratrix of the Estate of Samantha Nichole Dawn Staubs, deceased, Plaintiff Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided November 15, 2012.

Concurring Opinion of Justice Benjamin December 7, 2012.


Attorney(s) appearing for the Case

Tracey A. Rohrbaugh, Esq. , Julie R. Shank, Esq. , Bowles Rice McDavid Graff & Love LLP, Martinsburg, WV, for Petitioner.

Charles S. Trump IV , Trump and Trump, L.C., Berkeley Springs, WV, for Respondent.


PER CURIAM:

Petitioner/defendant Jonathan "Ray" Marcus (hereinafter "petitioner") appeals the Circuit Court of Jefferson County's May 25, 2011, order granting summary judgment in favor of respondent/plaintiff Lori Ann Staubs, next friend of Jessica Lynn Staubs and Administratrix of the Estate of Samantha Nichole Dawn Staubs, on the issue of liability. The trial court found that there were no material issues of fact and concluded, as a matter of law, that: 1) petitioner...

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