O'NEIL v. City of Parkersburg

Caplan, Chief Justice:

In these appeals the Court is not called upon to decide questions relative to the alleged negligence of the defendants. Rather, the issue is whether the circuit court erred in dismissing the complaints as to the City of Parkersburg, the hospital and its trustees because the notice of claim, provided in W. Va. Code, 8-12-20 was not filed as required in said code provision. Thus, the sole issue, dispositive of these cases, is whether the notice of claim provision of said statute is violative of the equal protection and due process clauses of our federal and state…