Toler v. Shelton

Haden, Justice:

This is an appeal from a final order of the Circuit Court of McDowell County which denied Pierce Toler’s Rule 60 (b), West Virginia Rules of Civil Procedures motion to vacate a judgment of dismissal with prejudice entered against him upon a plea of res judicata. At issue is whether the trial court abused its discretion in refusing to vacate the order dismissing the action.

As a result of an automobile accident of August 7, 1968, Pierce Toler and his wife Pansy, suffered personal injuries and property damage allegedly caused by the negligence of Shelton, an uninsured motorist.…