Chapman v. Kane Transfer Co., Inc.

McGraw, Justice:

The personal injury action of plaintiff, John Walter Chapman, Jr., against defendant, Kane Transfer Company, Inc., “was dismissed with prejudice against the Plaintiff to reinstatement of same”, by order of the Circuit Court of Berkeley County, entered on October 12, 1976. The trial court, on its own invitation and on motion of defendant’s attorney, treated a pending motion for summary judgment as a motion to dismiss pursuant to Rule 12(b)(6), W.Va. R.C.P., as procedural basis for its dismissal order. Defendant’s motion to have the motion for summary judgment treated as a…