Law v. Monongahela Power Co.

Appellees, Monongahela Power Company (hereinafter referred to as “Monongahela Power”), argued that the summary judgment issues in this case should not be considered because they were untimely filed. The majority opinion recognized that the case had a timeliness problem. Nevertheless, rather than affirming the summary judgment, the majority opinion established an unmanageable rule of law in order to address the merits of the summary judgment order. Due to the majority’s departure from precedent, I am compelled to dissent.

A longstanding legal maxim adhered to by this Court is that “[t]he law…