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LANDIS v. HEARTHMARK, LLC

No. 13-0159.

750 S.E.2d 280 (2013)

Kimberly LANDIS and Alva Nelson, as parents and guardians of A.N., a minor, Plaintiffs Below, Petitioners v. HEARTHMARK, LLC d/b/a Jarden Home Brands, Wal-Mart Stores, Inc., C.K.S. Packaging, Inc., Packaging Service Company, Inc., and Stull Technologies, Inc., Defendants Below, Respondents.

Supreme Court of Appeals of West Virginia.

Decided October 17, 2013.

Concurring in part and Dissenting in part, Opinion of Justice Davis November 18, 2013.

Attorney(s) appearing for the Case

Dino S. Colombo, Esq. , Travis T. Mohler, Esq. , Colombo Law, Morgantown, WV, for Petitioners.

Thomas Mannion, Esq. , Andrew D. Byrd, Esq. , Mannion & Gray Co., LPA, Charleston, WV, for Respondent, Packaging Service Co., Inc.

Stephen R. Brooks, Esq. , Lindsey M. Saad, Esq. , Flaherty Sensabaugh Bonasso, PLLC, Morgantown, WV, for Respondent, Stull Technologies, Inc.

P. Joseph Craycraft, Esq. , Edward A. Smallwood, Esq. , Swartz Campbell LLC, Wheeling, WV, for Respondent, C.K.S. Packaging, Inc.

Larry W. Blalock, Esq. , Jennifer Cain, Esq. , Jackson Kelly PLLC, Wheeling, WV, Robert W. Hayes , PHV, Cozen O'Connor, Philadelphia, Pennsylvania, for Respondents, Hearthmark, LLC and Wal-Mart Stores, Inc.

Justice KETCHUM:

The United States District Court for the Northern District of West Virginia presents this Court with four certified questions regarding our law on the parental immunity doctrine. Upon consideration, we have determined that reformulating the questions will allow this Court to fully address the legal issues presented.1 We answer the reformulated certified questions2 as follows:

1. In...

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