Brenda Albert v. City of Wheeling

No. 15-0879 - Brenda Albert v. City of Wheeling FILED October 27, 2016 released at 3:00 p.m. RORY L. PERRY, II CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA Davis, Justice, dissenting, joined by Justice Workman: In this proceeding the circuit court dismissed the plaintiff’s complaint under Rule 12(b)(6) of the West Virginia Rules of Civil Procedure. The circuit court found as a matter of law that the defendant, City of Wheeling, was absolutely immune from liability “for all claims arising out of or related in any way to fire protection.” In order to affirm the circuit court’s erroneous…