West v. West Virginia Department of Transportation

This appeal is brought by the defendants below,1 the West Virginia Department of Transportation, Division of Highways, and Paul A. Mattox in his capacity as Commissioner of Highways (hereinafter collectively referred to as “DoH”) from the judgment entered March 19, 2008, by the Circuit Court of Brooke County after a trial by jury resulting in a verdict in favor of plaintiffs below, Keith West and Susan West, (hereinafter jointly referred to as “Wests”) in an amount of over $8 million.2 Although DoH raises numerous questions in this appeal, the dis-positive issue is whether the applicable…