I dissent to the majority opinion because it deprives the plaintiff of her day in
court. This case has been working its way through the system for a dozen years but has yet
to reach a jury. Our law strongly favors a decision on the merits by a jury of one's peers:
[T]he juror is an integral part of our democratic ideal, representing the conscience of the
community. Roberts v. Stevens Clinic Hospital, Inc., 176 W. Va. 492, 513, 345 S.E.2d 791,
813 (1986) (McGraw, J., dissenting).
Because the majority decision denies the plaintiff any opportunity to present this case to a jury, I must respectfully dissent.