Brian Frye v. Erie Insurance Company (Justice Wooton, concurring, in part, and dissenting, in part)

FILED No. 22-0378 – Frye v. Erie Insurance Co. June 12, 2024 released at 3:00 p.m. C. CASEY FORBES, CLERK WOOTON, Justice, concurring, in part, and dissenting, in part: SUPREME COURT OF APPEALS OF WEST VIRGINIA I concur in the majority’s decision to vacate the order denying petitioner Brian Frye’s motion pursuant to West Virginia Rule of Civil Procedure 59(e) and remand for further proceedings. However, I dissent to the refusal to also reverse the circuit court’s award of summary judgment to respondent Erie Insurance Company (“Erie”); that refusal evades and improperly endorses the circuit…