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HABA v. BIG ARM BAR AND GRILL, INC.

No. 22706.

468 S.E.2d 915 (1996)

196 W.Va. 129

Andrew HABA, Janet Lowry Haba, as Administrators of the Estate of Andrew J. Haba, Plaintiffs Below, Appellants, v. The BIG ARM BAR AND GRILL, INC.; Alto's Club, Inc.; Harry Camper, Commissioner, Alcohol Beverage Control Commission; State of West Virginia; James H. Paige, III, Secretary, West Virginia Department of Taxation and Revenue; Michael Ian Hulburt; Robert A. Hulburt; James K. Hutzler; Robert Vaughn, Trustee; and Robert Vaughn and Ruth Vaughn, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided March 1, 1996.

Attorney(s) appearing for the Case

Homer Speaker, Martinsburg, for Appellants.

Robert J. Schiavoni, Joseph R. Ferretti, Hammer, Ferretti & Schiavoni, Martinsburg, for Appellee, Alto's Club, Inc.

Catherine D. Munster, Robert W. Trumble, McNeer, Highland & McMunn, Clarksburg, for Appellees, Michael Ian Hulburt and Robert A. Hulburt.

Patrick G. Henry, III, Henry, Grant, Taylor & Janelle, Martinsburg, Michael D. Lorensen, Bowles, Rice, McDavid, Graff & Love, Martinsburg, for Appellee, James K. Hutzler.

ALBRIGHT, Justice:

This is an appeal from orders of the Circuit Court of Jefferson County granting summary judgment in favor of the defendants in a wrongful death action. Appellants, Andrew and Janet Haba, argue that the circuit court erred in using collateral estoppel and comparative negligence as the bases for granting summary judgment. Appellants contend that their claim is not barred by either theory under the specific...

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