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EGGLESTON v. W. VA. DEPT. OF HIGHWAYS

No. 21268.

429 S.E.2d 636 (1993)

189 W.Va. 230

Homer A. EGGLESTON, Jr., Plaintiff Below, Appellant v. WEST VIRGINIA DEPARTMENT OF HIGHWAYS and Greiner Engineering Sciences, Inc., Defendants Below West Virginia Department of Highways, Appellee.

Supreme Court of Appeals of West Virginia.

Decided February 24, 1993.

Dissenting Opinion of Chief Justice Workman June 4, 1993.

Attorney(s) appearing for the Case

Deborah L. McHenry, Ranson, Ranson & McHenry, G. Patrick Jacobs, Bickley, Jacobs & Barkus, Charleston, for appellant.

Daniel R. Shuda, Janet N. Kawash, Steptoe & Johnson, George Joseph, Legal Div., W. Va. Dept. of Transp., Div. of Highways, Charleston, for appellee.

MILLER, Justice:

Homer A. Eggleston, Jr., appeals from an adverse ruling entered by the Circuit Court of Kanawha County granting summary judgment to the West Virginia Department of Highways (WVDOH) in a personal injury action.1 The trial court ruled that Mr. Eggleston's complaint was barred by the sovereign immunity from such actions granted to the State of West Virginia pursuant to Section 35 of Article VI of the West Virginia Constitution...

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