Eggleston v. West Virginia Department of Highways

MILLER, Justice:

Homer A. Eggleston, Jr., appeals from an adverse ruling entered by the Circuit Court of Kanawha County granting summary judgment to the West Virginia Department of Highways (WVDOH) in a personal injury action.1 The trial court ruled that Mr. Eggleston’s complaint was barred by the sovereign immunity from such actions granted to the State of West Virginia pursuant to Section 35 of Article VI of the West Virginia Constitution and W.Va.Code, 17-4-37. The circuit court found that the sovereign immunity defense was available because the WVDOH’s liability insurance purchased…