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BLESSING v. NAT. ENG. & CONT. CO.

No. 33433.

664 S.E.2d 152 (2008)

Misty BLESSING, Individually and as the Administrator of the Estate of Wallie Blessing, Plaintiff Below, Appellant v. NATIONAL ENGINEERING & CONTRACTING COMPANY, a Foreign Corporation; Balfour Beatty Construction, Inc., a Foreign Corporation; and the West Virginia Department of Transportation, Division of Highways, An Agency of the State of West Virginia, Site-Blauvelt Engineers, Inc; Arrow Concrete Company; Arrow Concrete of West Virginia, Inc.; H.C. Nutting Company; and Byron Smith, P.E., Individually, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided April 25, 2008.

Concurring Opinion of Justice Benjamin June 23, 2008.

Concurring Opinion of Justice Starcher July 17, 2008.

Attorney(s) appearing for the Case

Roger D. Williams, James P. McHugh, Charleston, for Appellant.

Eric R. Waller, Joanna I. Tabit, Steptoe & Johnson, PLLC, Charleston, for Appellees, National Engineering & Contracting Company; and Balfour Beatty Construction, Inc.

Timbera C. Wilcox, Robert M. Stonestreet, Dinsmore & Shohl, LLP, Charleston, for Appellees, West Virginia Department of Transportation, Division of Highways, and Byron Smith.

PER CURIAM:

Misty Blessing appeals from the September 13, 2006, order of the Circuit Court of Kanawha County granting summary judgment to Appellee West Virginia Department of Transportation (the "Department") in connection with a wrongful death action Appellant filed against the Department and its employee, Appellee Byron Smith. In granting summary judgment to the Department and Mr. Smith, the trial court ruled that the absence of insurance coverage barred Appellant...

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