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GIBSON v. W.VA. DEPT. OF HIGHWAYS

No. 19712.

406 S.E.2d 440 (1991)

Janet L. GIBSON and Carol L. Holcomb, Plaintiffs Below, Appellants, v. WEST VIRGINIA DEPARTMENT OF HIGHWAYS, an Agency of the State of West Virginia, and William S. Ritchie, Jr., West Virginia Commissioner of Highways and His Successor as Such, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided May 24, 1991.

Attorney(s) appearing for the Case

William C. Garrett, Gassaway, for appellants.

Thomas V. Flaherty, John R. McGhee, Jr., Kay, Casto, Chaney, Love & Wise, Charleston, for appellees.

J. Michael Benninger, Morgantown, James C. Peterson, Charleston, for amicus W.V. Trial Lawyers Ass'n.

MILLER, Chief Justice:

This certified question from the Circuit Court of Nicholas County1 asks whether W.Va.Code, 55-2-6a, which bars the filing of a suit for design or construction defects against architects, builders, and others ten years after the construction project is complete, violates the constitutional guarantees of substantive due process, equal protection, and access to the courts...

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