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Marlin W. Fitzwater and Virginia Fitzwater, His wife v. Jerry Harding, d/b/a J & J Transportation, and Appalachian Log Structure, Inc.

Date: 12-04-1998

Case Number: 25059

Judge: Gary l. Johnson

Court: Circuit Court, Nicholas County, West Virginia

Plaintiff's Attorney: Rudolph L. DiTrapano and Sean P. McGinley of DiTrapano, Barrett & DiPiero, Charleston, West Virginia

Defendant's Attorney: John M. Slack, III of Jackson & Kelly, Charleston, West Virginia

Description:

Negligence - On November, 16, 1994, Marlin Fitzwater was driving his car in Summersville, West Virginia. At an intersection, he was struck by a tractor trailer being driven by Bobby L. Shockley. Mr. Fitzwater sustained serious and life-threatening injuries from the accident. The tractor trailer driven by Mr. Shockley was owned by his employer Jerry Harding, d/b/a J & J Transportation. At the time of the accident, Mr. Shockley was returning from a delivery that he had made for Appalachian. Mr. and Mrs. Fitzwater filed this action against Appalachian and J & J as a result of the accident.

Outcome:

A settlement was reached between J & J and the Fitzwaters for $750,000. Appalachian moved for summary judgment and it was granted.

Plaintiff's Experts:

Unknown

Defendant's Experts:

Unknown

Comments:

Motion for summary judgment was reversed by the Supreme Court of Appeals of West Virginia. See: 510 S.E.2d 286 (W.Va. 1998). The date above reflects the appellate court decision date, not the original trial date. Reported by kkm.

About This Case

What was the outcome of Marlin W. Fitzwater and Virginia Fitzwater, His wife v. J...?

The outcome was: A settlement was reached between J & J and the Fitzwaters for $750,000. Appalachian moved for summary judgment and it was granted.

Which court heard Marlin W. Fitzwater and Virginia Fitzwater, His wife v. J...?

This case was heard in Circuit Court, Nicholas County, West Virginia, WV. The presiding judge was Gary l. Johnson.

Who were the attorneys in Marlin W. Fitzwater and Virginia Fitzwater, His wife v. J...?

Plaintiff's attorney: Rudolph L. DiTrapano and Sean P. McGinley of DiTrapano, Barrett & DiPiero, Charleston, West Virginia. Defendant's attorney: John M. Slack, III of Jackson & Kelly, Charleston, West Virginia.

When was Marlin W. Fitzwater and Virginia Fitzwater, His wife v. J... decided?

This case was decided on December 4, 1998.