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JOHNSON v. C.J. MAHAN CONST. CO.

No. 29005.

557 S.E.2d 845 (2001)

210 W.Va. 438

Alisha JOHNSON, as Personal Representative for the Estate of George Robertson, Plaintiff Below, Appellant, v. C.J. MAHAN CONSTRUCTION COMPANY, a Foreign Corporation; Janssen and Spaans Engineering, a Foreign Corporation; West Virginia Department of Transportation, Division of Highways; Dywidag Systems International, Inc., a Foreign Corporation, Defendants Below, Appellees, State Board of Risk and Insurance Management, Appellee.

Supreme Court of Appeals of West Virginia.

Decided December 12, 2001.

Dissenting Opinion of Justice Burnside January 8, 2002.

Attorney(s) appearing for the Case

David Lycan, David Lycan, L.C., Wayne, D. Jeffrey Ezra (Pro Hac Vice), Wendler & Ezra, Glen Carbon, IL, for the Appellant.

Thomas P. Maroney, Charleston, for Amicus Curiae, West Virginia Labor Federation, AFL-CIO.

Lori Simpson Davis, Davis Law Office, PLLC, Charleston, for Amicus Curiae, Fred Russell, Jr., and Rebecca Russell.

Anthony G. Halkias, Melissa J. White, Robert B. Paul, Charleston, for the Appellee, West Virginia Department of Transportation, Division of Highways.

Darrell V. McGraw, Jr., Attorney General, Robert D. Williams, Assistant Attorney General, Charleston, for the Appellee, State Board of Risk and Insurance Management.

PER CURIAM.

Alisha Johnson (hereinafter "Appellant"), as personal representative for the estate of George W. Robertson, appeals from the October 7, 1999, order of the Circuit Court of Logan County, granting dismissal of the West Virginia Department of Transportation, Division of Highways (hereinafter "WVDOH"), as a party in a personal injury action.1 Appellant contends that the trial court erred...

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