Barath v. PERFORMANCE TRUCKING CO., INC

This is an appeal by Mark Barath from an order of the Circuit Court of Mingo County granting David Cook, Sr. and Performance Trucking Co., Inc., summary judgment in a battery action. On appeal, the appellant claims that there were genuine issues of material fact in the case at the time summary judgment was granted and that, under the circumstances, summary judgment was inappropriate. After reviewing the questions presented and the documents filed in this matter, this Court concludes that further development of the evidence is desirable to clarify the application of the law. Accordingly, the…