Cunningham v. West Virginia-American Water Co.

This is an appeal by I.V. and Joyce Cunningham (hereinafter “the Appellants”) from a November 12, 1993, order of the Circuit Court of Kanawha County granting summary judgment to the Appellee, West Virginia-American Water Company (hereinafter “the Appellee” or “the Water Company”). The Appellants contend that genuine issues of material fact exist and that the lower court erred by granting summary judgment. We agree with the Appellants’ contentions and reverse the decision of the lower court.

I

The Appellants filed a civil action against the Appellee on April 23, 1991, alleging that the…