Walker v. Doe

ALBRIGHT, Justice.

Appellant Irene Walker challenges the September 25, 2000, ruling of the Circuit Court of Fayette granting summary judgment to Appellee Allstate Indemnity Company (“Allstate”),1 appearing and defending in the name of an unidentified motorist. Appellant argues that the circuit court erred in relying on this Court’s decision in Dalton v. Doe, 208 W.Va. 319, 540 S.E.2d 536 (2000), in which we affirmed the lower court’s decision not to apply retroactively the holding in Hamric v. Doe, 201 W.Va. 615, 499 S.E.2d 619 (1997), establishing certain conditions under which the absence of…