KELLEY v. CITY OF WILLIAMSON, WEST VIRGINIA

No. 33311.

655 S.E.2d 528 (2007)

Grady Colin KELLEY, II, and Frieda Carol Kelley, Plaintiffs Below, Appellants v. The CITY OF WILLIAMSON, WEST VIRGINIA, A Municipal Corporation, and Michael Barnes, Individually and in his Capacity of a Police Officer Employed by the City of Williamson, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided November 21, 2007.


Attorney(s) appearing for the Case

Thomas M. Plymale, Plymale & Maddox, PLLC, Huntington, for the Appellants.

Duane J. Ruggier, II, Katherine MacCallum Nichols, C. Scott Applegate, Pullin, Fowler & Flanagan, PLLC, Charleston, for the Appellee, The City of Williamson.

David J. Mincer, Vaughn T. Sizemore, Bailey & Wyant, PLLC, Charleston, for the Appellee, Michael Barnes.


PER CURIAM:

Grady Colin Kelley, II, and Frieda Carol Kelley (hereinafter "Appellants" or "Mr. Kelley and Mrs. Kelley") appeal from orders of the Circuit Court of Mingo County granting summary judgment to Appellees City of Williamson and Williamson police officer Michael Barnes. The Appellants allege that the trial court erred in granting summary judgment where genuine issues of material fact exist for jury determination in the underlying civil actions which were initiated...

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