West Virginia Department of Transportation, Division of Highways v. Robertson

DAVIS, Justice:

This appeal was filed by the West Virginia Department of Transportation, Division of Highways, appellanVpetitioner below (hereinafter referred to as “DOT”), from an order of the Circuit Court of Logan County granting partial summary judgment 1 to Joyce L. Robertson, appellee/defendant below (hereinafter referred to as “Ms. Robertson”). Additionally, the circuit court’s order was adverse to Ethel Erickson, an intervener. However, Ms. Erickson has not appealed the adverse decision. Here, DOT contends that the circuit court committed error in denying its motion for partial summary…