Lusk v. Doe

McGRAW, Justice:

This is an appeal by the plaintiffs in the underlying action, Wilma Mae Lusk and Paul Lusk, her husband, from an order of the Circuit Court of Wyoming County entered on March 29, 1984, sustaining a motion to dismiss sought in behalf of the unknown defendant below, denominated as John Doe. The basis for the circuit court’s dismissal was its conclusion that the plaintiffs had failed to comply with a statutory prerequisite to the bringing of a “John Doe” action as provided in West Virginia’s uninsured motorist coverage provisions.

The pertinent circumstances leading up to this…