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WALKER v. DOE

No. 29290.

558 S.E.2d 290 (2001)

210 W.Va. 490

Irene WALKER, Plaintiff Below, Appellant, v. John DOE, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided October 25, 2001.

Concurring and Dissenting Opinion of Justice Starcher November 1, 2001.

Concurring and Dissenting Opinion of Chief Justice McGraw January 11, 2002.

Attorney(s) appearing for the Case

E. Dixon Ericson, John R. Mitchell, Sr., John R. Mitchell, L.C., Charleston, for the Appellant.

Sabrena A. Olive, Ellen R. Archibald, Kesner, Kesner & Bramble, Charleston, for the Appellee.

ALBRIGHT, Justice.

Appellant Irene Walker challenges the September 25, 2000, ruling of the Circuit Court of Fayette granting summary judgment to Appellee Allstate Indemnity Company ("Allstate"),1 appearing and defending in the name of an unidentified motorist. Appellant argues that the circuit court erred in relying on this Court's decision in Dalton v. Doe, 208 W.Va. 319, 540 S.E.2d 536 (2000...

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