Sesco v. Norfolk & Western Railway Co.

Hence Seseo, Jr. and Emma Seseo appeal a final order of the Circuit Court of Mingo County granting a judgment on the pleadings in favor of the Norfolk and Western Railway Company. 1 Mr. and Mrs. Seseo contend that the circuit court’s order granting judgment on the pleadings deprived them of the opportunity to develop a record showing that Norfolk’s breach of a duty it owed to Mr. Seseo caused his injury. Because we agree that the judgment on the pleadings was improper, we reverse the decision of the circuit court.

In his complaint Mr. Seseo alleges that, on October 15, 1987, he was injured…