Legal Opinion

Miller v. Montgomery Investments, Inc.

West Virginia Supreme Court

Decided November 16, 1989No. 18956PublishedCited by 6 opinions

1Opinion of the Court

BROTHERTON, Chief Justice:

A landslide, which originated on property owned by Montgomery Investments, Inc., destroyed the appellant, Nettie Miller’s house. The appellant sue for damages. Montgomery Investments, Inc., and the other defendants moved for summary judgment, and on March 16, 1988, the Circuit Court of Fayette County granted the motion. On appeal, the appellant claims that the circuit court erred in granting summary judgment and in not holding Montgomery Investments, Inc., liable as a matter of law. After reviewing the record, this Court believes that the circuit court did err in…

2Cases cited15 opinions

  1. Aetna Casualty & Surety Co. v. Federal Insurance Co. of New YorkWest Virginia Supreme Court · 1963
  2. Tynes v. ShoreWest Virginia Supreme Court · 1936
  3. Peneschi v. National Steel Corp.West Virginia Supreme Court · 1982
  4. Consolidated Gas Supply Corp. v. RileyWest Virginia Supreme Court · 1978
  5. Royal Furniture Co. v. City of MorgantownWest Virginia Supreme Court · 1980

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3Cited by6 opinions

  1. Foster v. City of KeyserWest Virginia Supreme Court · 1997
  2. CSX Transportation, Inc. v. CalocciaDistrict Court, N.D. West Virginia · 2021
  3. Foster v. City of KeyserWest Virginia Supreme Court · 1997
  4. Metro Towers, LLC v. DuffDistrict Court, N.D. West Virginia · 2022
  5. Metro Towers, LLC v. DuffDistrict Court, N.D. West Virginia · 2022

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