Walker v. Doe

(Filed Jan. 11, 2002)

I continue to take issue with the Court’s holding in Dalton v. Doe, 208 W.Va. 319, 540 S.E.2d 536 (2000), and therefore dissent to the result reached in this case. As I pointed out in my dissent to Dalton, there is no sound basis for concluding that Hamric v. Doe, 201 W.Va. 615, 499 S.E.2d 619 (1997), had the effect of overruling prior law, as “Hamtic was the very first case in which this Court was required to address the ultimate reach of the ‘physical contact’ requirement contained in W. Va.Code § 33 — 6—31(e)(iii).” Dalton, 208 W.Va. at 324, 540 S.E.2d at 541 (McGraw,…