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WEST v. WEST VIRGINIA DEPT. OF TRANSP.

No. 34749.

687 S.E.2d 346 (2009)

Keith WEST and Susan West, Plaintiffs Below, Appellees v. The WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS, a department or agency of the State of West Virginia; and Paul A. Mattox, in his capacity as the Commissioner of Highways, Defendants Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided November 18, 2009.

Concurring and Dissenting Opinion of Justice Davis November 18, 2009.

Attorney(s) appearing for the Case

Charles L. Woody, Spilman, Thomas & Battle, Charleston, WV, for Appellant.

Jason A. Cuomo, Frank Cuomo, Jr., Cuomo & Cuomo, Wellsburg, WV, for Appellee.

PER CURIAM:

This appeal is brought by the defendants below,1 the West Virginia Department of Transportation, Division of Highways, and Paul A. Mattox in his capacity as Commissioner of Highways (hereinafter collectively referred to as "DoH") from the judgment entered March 19, 2008, by the Circuit Court of Brooke County after a trial by jury resulting in a verdict in favor of plaintiffs below...

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