Articles Posted in Supreme Court of Appeals of West Virginia

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Plaintiff, as administratrix of the estate of her late husband, filed a complaint against Monroe County alleging negligence in performing statutory duties, thereby allowing vicious dogs to remain at large, and wrongful death. The circuit court granted summary judgment in favor of the County based upon the court’s conclusion that the evidence was insufficient to establish a disputed issue of material fact in relation to the special relationship exception to the public duty doctrine. The court then entered, sua sponte, an order summarily dismissing all of Plaintiff’s remaining claims against the County. The Supreme Court reversed, holding (1) because there was disputed evidence on each of the factors required to establish the special relationship exception to the public duty doctrine, the the circuit court erred in granting summary judgment to the County; and (2) because the summary judgment order upon which the dismissal order was apparently based was dismissed, likewise, the circuit court’s dismissal order is vacated. View "Bowden v. Monroe County Commission" on Justia Law