No. 19-0171 – Horizon Ventures of West Virginia, Inc., a West Virginia corporation, v. American Bituminous Power Partners, L.P. FILED April 1, 2021 released at 3:00 p.m.

EDYTHE NASH GAISER, CLERK SUPREME COURT OF APPEALS Wooton, Justice, concurring: OF WEST VIRGINIA

Persuaded by the unassailable logic of Justice Hutchison’s concurring opinion, I too would overrule Syllabus Point 20 of Brown v. Genesis Healthcare Corp., 228 W. Va. 646, 724 S.E.2d 250 (2011), judgment vacated on other grounds sub nom.

Marmet Health Care Ctr., Inc. v. Brown, 565 U.S. 530 (2012). Therefore, I concur in the result reached by the majority, and join in the concurring opinion of Justice Hutchison.