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SCARALTO v. FERRELL

Civil Action No. 2:11-cv-00533.

826 F.Supp.2d 960 (2011)

Joel SCARALTO, Plaintiff, v. Walter FERRELL, Jr., et al., Defendants.

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

November 29, 2011.

Attorney(s) appearing for the Case

S. Douglas Adkins, Cyrus & Adkins, Huntington, WV, for Plaintiff.

Evan R. Kime, Michael J. Schessler, Bowles Rice McDavid Graff & Love, Charleston, WV, for Defendants.

MEMORANDUM OPINION AND ORDER

JOSEPH R. GOODWIN, Chief Judge.

Pending before the court is the plaintiff's Motion to Remand [Docket 6]. For the reasons discussed below, this Motion is DENIED.

I. Background

On May 12, 2009, the plaintiff, Joel Scaralto, was driving down U.S. Route 35 near Henderson, West Virginia. As Mr. Scaralto made a left-hand turn, he was rear-ended by a truck driven by Walter Ferrell. At that time, Mr. Ferrell...

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