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KIDD v. GILFILEN

No. CIV. A. 2:01-0769.

170 F.Supp.2d 649 (2001)

Lisa KIDD, et al., Plaintiffs, v. Rebecca Lynn GILFILEN, et al., Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

October 29, 2001.

Attorney(s) appearing for the Case

John Einreinhofer, Esq., Charleston, WV, for Plaintiffs.

R. Carter Elkins, Esquire, Laura L. Gray, Esquire, Campbell, Woods, Bagley, Emerson, Mcneer & Herndon, Huntington, WV, for Defendants.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is Plaintiffs' motion to dismiss and remand.1 The Court DENIES the motion.

I. FACTUAL AND PROCEDURAL BACKGROUND

On December 7, 1999 Plaintiff Lisa Kidd was injured when Defendant Rebecca Lynn Gilfilen's car struck Kidd's automobile. Lisa suffered severe and permanent injuries. On July 13, 2001 Lisa and her husband Michael instituted...

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