Spencer v. McClure

The Opinion of the Court was delivered PER CURIAM.

Justice STARCHER dissents and reserves the right to file a dissenting opinion.

This case is before this Court upon appeal of a final order of the Circuit Court of Kana-wha County entered on December 15, 2003. Pursuant to that order, the circuit court granted the appellees and defendants below, Sarah M. Harpold and Roger F. Rabalais, judgment as a matter of law in this personal injury action filed by the appellants and plaintiffs below, Martha and Edward Spencer, following an automobile accident. In this appeal, the Spencers contend that they…