Savilla v. Speedway Superamerica, LLC

STARCHER, J.:

In this case we reverse a circuit court’s decision to dismiss a defendant in a wrongful death case, and we remand the case for further proceedings.

I

Facts & Background

The instant ease began with a tragic event. On February 18, 2000, in Kanawha County, West Virginia, Linda Kannaird, age 54, drowned when a rescue boat operated by the City of Charleston overturned in flood waters.

Ms. Kannaird was being evacuated from a convenience store where she worked; the store was operated by the appellee Speedway SuperAmerica (“Speedway”). Ms. Kannaird was not married at the time of her death…