Spencer v. Harris

MEMORANDUM OPINION AND ORDER

COPENHAVER, District Judge.

Pending before the court is the motion of the plaintiffs Betty A. Spencer and Cur-lie C. Spencer, filed September 9, 2004, seeking to remand the above-captioned action to the Circuit Court of Kanawha County, West Virginia. On March 16, 2005, plaintiffs filed a supplemental motion to remand, reiterating their prior positions and attaching as an exhibit the deposition of defendant Sylvester Lee Harris.

I

This action arises from a single vehicle accident that occurred in the cross walk of Washington Street at its intersection with Capitol…