No. 21-0215.

889 S.E.2d 21 (2023)

SPEEDWAY LLC, Defendant Below, Petitioner, v. Deborah L. JARRETT, as the Executrix of the Estate of Kevin M. Jarrett, Plaintiff Below, Respondent.

Supreme Court of Appeals of West Virginia.

Filed: June 8, 2023.

Attorney(s) appearing for the Case

Robert L. Massie, Esq. , Jennifer W. Winkler, Esq. , Nelson Mullins Riley & Scarborough LLP, Huntington, West Virginia, Counsel for Petitioner.

Thomas J. Hurney, Jr., Esq. , Blair E. Wessels, Esq. , Jackson Kelly PLLC, Charleston, West Virginia, Todd A. Mount, Esq. , Shaffer & Shaffer, PLLC, Madison, West Virginia, Counsel for Amicus Curiae The Defense Trial Counsel of West Virginia.

Richard R. Heath, Jr., Esq. , Bowles Rice LLP, Charleston, West Virginia, Mark A. Behrens, Esq. , Cary Silverman, Esq. , Shook Hardy & Bacon L.L.P., Washington, D.C., Counsel for Amici Curiae, American Tort Reform Association, Chamber of Commerce of the United States of America, NFIB Small Business Legal Center, National Association of Convenience Stores, and American Property Casualty Insurance Association.

Robert P. Fitzsimmons, Esq. , Clayton J. Fitzsimmons, Esq. , Fitzsimmons Law Firm PLLC, Wheeling, West Virginia, Gregory A. Gellner, Esq. , Gellner Law Offices, Wheeling, West Virginia, Counsel for Respondent.

Michelle Marinacci, Esq. , Gold, Khourey & Turak, L.C., Moundsville, West Virginia, David A. Sims , Law Offices of David A. Sims, PLLC, Vienna, West Virginia, Counsel for Amicus Curiae, The West Virginia Association for Justice.

Respondent Deborah L. Jarrett, as the Executrix of the Estate of Kevin M. Jarrett, instituted a wrongful death action against Petitioner Speedway LLC after its employee, Brandy Liggett, while driving her vehicle after leaving work and running a personal errand, crossed the center line and collided with Mr. Jarrett's motorcycle...


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