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DEPT. OF TRANSP. v. ROBERTSON

No. 31770.

618 S.E.2d 506 (2005)

217 W.Va. 497

WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS, a State Agency, Plaintiff Below, Appellant, v. Joyce L. ROBERTSON, et al., Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided May 10, 2005.

Attorney(s) appearing for the Case

Kathryn Reed Bayless, Bayless Law Firm, PLLC, Princeton, West Virginia, Attorney for Appellant.

Joseph S. Beeson, Kent J. George, Matthew S. Casto, Robinson & McElwee, Charleston, West Virginia, Attorneys for Appellee, Joyce L. Robertson.

DAVIS, Justice:

This appeal was filed by the West Virginia Department of Transportation, Division of Highways, appellant/petitioner below (hereinafter referred to as "DOT"), from an order of the Circuit Court of Logan County granting partial summary judgment1 to Joyce L. Robertson, appellee/defendant below (hereinafter referred to as "Ms. Robertson"). Additionally, the circuit court's order was adverse to Ethel Erickson, an intervener...

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