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ZIMMERER v. ROMANO

No. 34269.

679 S.E.2d 601 (2009)

Ann Morgan ZIMMERER and Gerald Lee Zimmerer, Plaintiffs Below, Appellants, v. Mark E. ROMANO, Robin J. Romano; and West Virginia Department of Transportation, Division of Highways, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided April 30, 2009.

Attorney(s) appearing for the Case

Ancil G. Ramey, Hannah B. Curry, Steptoe & Johnson PLLC, Charleston, WV, for Appellants, Ann Morgan Zimmerer and Gerald Lee Zimmerer.

Gregory A. Tucker, Gregory A. Tucker, P.L.L.C., Summersville, WV, for Appellees, Mark E. and Robin J. Romano.

G. Alan Williams, Robert B. Paul, WVDOT, Division of Highways, Charleston, WV, for Appellee, West Virginia Department of Transportation, Division of Highways.

PER CURIAM.

The plaintiffs below and appellants herein, Ann Morgan Zimmerer and Gerald Lee Zimmerer1 (hereinafter referred to separately as "Mrs. Zimmerer" and "Gerald Zimmerer," or collectively as the "Zimmerers"), appeal from an order entered October 12, 2007, by the Circuit Court of Nicholas County. By that order, the circuit court denied the Zimmerers' motion for reconsideration of the circuit court's previous order granting summary...

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