Cassella v. Weirton Construction Co.

241 S.E.2d 924 (1978)

Joe CASSELLA et al.

v.

WEIRTON CONSTRUCTION COMPANY et al.[*]

No. 13777.

Supreme Court of Appeals of West Virginia.

March 7, 1978.

Dissenting Opinion May 1, 1978.

Phillips, Holden, Marshall & Gardill, George S. Hazlett, Wheeling, for appellants.

Donell, DeLaMater & Hagg, W. Dean DeLaMater, Weirton, for appellees.

MILLER, Justice:

This is an appeal from a final order granting summary judgment in favor of the defendants. As is often the case where summary judgment is granted, the record before us is meager and confused.

Suit was filed by plaintiffs Joe and Tony Cassella on March 3,…