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SKAGGS v. KROGER COMPANY/KROGER LTD. PARTNERSHIP I

Civil Action No. 2:10-0768.

788 F.Supp.2d 501 (2011)

Jason SKAGGS, Plaintiff, v. The KROGER COMPANY/KROGER LIMITED PARTNERSHIP I, an Ohio Corporation, Defendant.

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

April 21, 2011.

Attorney(s) appearing for the Case

Truman C. Griffith, Robert B. Warner, William B. Hicks, Warner Law Offices, Charleston, WV, for Plaintiff.

Travis S. Haley, Pullin Fowler Flanagan Brown & Poe, Charleston, WV, for Defendant.

MEMORANDUM OPINION AND ORDER

JOHN T. COPENHAVER, JR., District Judge.

Pending is defendant's motion for summary judgment, filed March 18, 2011.

I. Background

This is a deliberate intention action in which plaintiff Jason Skaggs seeks to recover damages from defendant the Kroger Company/Kroger Limited Partnership I ("Kroger") for injuries incurred on the job.1 The following factual recitation is given...

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