Tolley v. Carboline Co.

James and Nancy Tolley, husband and wife, appellants/plaintiffs below (hereinafter referred to as “the Tolleys”), appeal an order of the Circuit Court of Kanawha County granting summary judgment in favor of Car-boline Company, E.I. DuPont De Nemours and Company, and Fina Oil and Chemical Company, appellees/defendants below (hereinafter referred to as “the Appellees”). The Tolleys contend that genuine issues of material fact were in dispute, and, therefore, summary judgment was inappropriate. After thoroughly reviewing the record designated for appellate review and the pertinent authorities,…