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FIRSTENERGY GENERATION, LLC v. MUTO

No. 17-0067.

832 S.E.2d 58 (2018)

FIRSTENERGY GENERATION, LLC, Defendant Below, Petitioner, v. James J. MUTO and Carol Muto, Plaintiffs Below, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: March 12, 2018.

Dissenting Opinion of Justice Davis March 29, 2018.

Attorney(s) appearing for the Case

Stephen M. LaCagnin, Esq. , Seth P. Hayes, Esq. , David R. Stone, Esq. , Jackson Kelly PLLC, Morgantown, West Virginia, Attorneys for Petitioner.

Michael D. Crim, Esq. , Jeffrey D. Van Volkenburg, Esq. , Stanley A. Heflin III, Esq. , McNeer, Highland, McMunn and Varner, L.C., Clarksburg, West Virginia, Attorneys for Respondents.

The petitioner and defendant below, FirstEnergy Generation, LLC, appeals the December 27, 2016, order of the Circuit Court of Harrison County denying its post-trial motions following an adverse jury verdict in this "deliberate intention" action filed pursuant to West Virginia Code § 23-4-2(d)(2)(ii) (2005)

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