W. Va. Dept. of Transportation, DMV v. David King, Administrator of the Estate of Wilma Ann King

Benjamin, Justice:

Petitioner and defendant below, the West Virginia Department of Transportation, Division of Motor Vehicles (“DMV”), appeals the June 26, 2015, order of the Circuit Court of Cabell County that denied the DMVs motion for summary judgment after determining that the DMV failed to perform a nondiscre-tionary duty and therefore did not have qualified immunity in an action brought against it by Respondent David King, as administrator of the estate of Wilma Ann King, deceased. After considering the parties’ arguments, the applicable law, and the appendix in this case, this Court…