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MASTER MECHANICAL INSULATION v. SIMMONS

No. 12-1206.

753 S.E.2d 79 (2013)

MASTER MECHANICAL INSULATION, INC., Defendant Below, Petitioner v. Richard SIMMONS, Plaintiff Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided November 6, 2013.

Dissenting Opinion of Justice Davis Filed November 21, 2013.

Concurring and Dissenting Opinion of Chief Justice Benjamin December 27, 2013.

Attorney(s) appearing for the Case

Robert H. Sweeeney, Jr., Esq. , Nathanial A. Kuratomi, Esq. , Jenkins Fenstermaker PLLC, Huntington, WV, for Petitioner.

J. Michael Ranson, Esq. , George Morrone III, Esq. , Ranson Law Offices, G. Patrick Jacobs, Esq. , Jacobs Law Offices, Charleston, WV, for Respondent.

LOUGHRY, Justice:

By order entered on October 16, 2012, the Circuit Court of Cabell County certified three questions to this Court that pertain to the filing of a statutory claim asserting deliberate intention1 by the respondent Richard Simmons. The first question involves an issue of statutory interpretation; the second query seeks clarification regarding the evidentiary effect of Roberts v. Consolidation Coal Co.,2...

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