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WEST VIRGINIA DEPT. OF TRANSP. v. KING

No. 15-0711.

795 S.E.2d 524 (2016)

WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, DIVISION OF MOTOR VEHICLES, Defendant Below, Petitioner v. David KING, Administrator of the Estate of Wilma Ann King, Deceased, Plaintiff Below, Respondent.

Supreme Court of Appeals of West Virginia.

Filed: November 15, 2016.

Attorney(s) appearing for the Case

Patrick Morrisey, Esq. , Attorney General, Julie Marie Blake, Esq. , Assistant Attorney General, Mary M. Downey, Esq. , Assistant Attorney General, Charleston, West Virginia, Attorneys for Petitioner.

Gail Henderson-Staples, Esq. , Dwight J. Staples, Esq. , Henderson, Henderson & Staples, L.C., Huntington, West Virginia, Attorneys for Respondent.

Petitioner and defendant below, the West Virginia Department of Transportation, Division of Motor Vehicles ("DMV"), appeals the June 26, 2015, order of the Circuit Court of Cabell County that denied the DMV's motion for summary judgment after determining that the DMV failed to perform a nondiscretionary duty and therefore did...

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