McCormick v. Walmart Stores, Inc.

600 S.E.2d 576 (2004)

215 W.Va. 679

Mindy and Billy McCORMICK, Plaintiffs Below, Appellants, and

David CARROLL, Plaintiff Below, Appellant,

v.

WALMART STORES, INC., a Delaware corporation; RCDI Construction, Inc., a West Virginia corporation; West Virginia Department of Transportation, Division of Highways, an agency of the state government of the State of West Virginia; and the Town of Lewisburg, West Virginia, a municipality, Defendants Below, Appellees.

No. 31396.

Supreme Court of Appeals of West Virginia.

Submitted February 10, 2004.

Decided May 7, 2004.

Dissenting Opinion of Justice Maynard June…