West Virginia Supreme Court April 30, 1990, 19359 (Roberts v. Gatson)

McHUGH, Justice,

concurring, in part, and dissenting, in part:

The majority opinion sets forth sound legal principles. Therefore, I concur in the syllabus points set forth therein. I believe, however, that the majority opinion erroneously applied syllabus points 6 and 7 to the facts of this case.