Brown v. Carvill

STARCHER, Justice:

The appellant and plaintiff below, Robert Lee Brown, acting as the Administrator of the Estate of Michael Lee Brown, appeals from an August 20, 1996 order of the Circuit Court of Kanawha County granting summary judgment in a wrongful death action. On appeal, the appellant contends that the circuit court erred in entering summary judgment to the appellee and defendant below, John L. Carvill.

We previously addressed the circuit court’s August 20, 1996 order in Brown v. Carvill, 498 S.E.2d 22 (W.Va.1997) and found no error by the circuit court. However, on January 13, 1998, we…