McCormick v. Walmart Stores, Inc.

This case is an appeal from the Circuit Court of Greenbrier County’s dismissal of the appellee Town of Lewisburg (“the Town”), a municipality and a political subdivision of the State of West Virginia, as a defendant from a lawsuit, on the grounds that the plaintiffs’ second amended complaint failed to state a claim against the Town for which relief could be granted. The plaintiffs in the lawsuit in question (and appellants in this Court) are Mindy and Billy McCormick (“the McCormicks”) and David Carroll. We reverse the circuit court’s granting of a motion to dismiss.

I

According to the…