Legal Opinion
Brenda Albert v. City of Wheeling
West Virginia Supreme Court
Decided October 27, 2016No. 15-0879PublishedCited by 17 opinions
1Opinion of the Court
LOUGHRY, Justice:
The petitioner, Brenda Albert, appeals from the August 18, 2015, order of the Circuit Court of Ohio County, granting the motion of the respondent, the City of Wheeling (“City”), to dismiss the negligence-based complaint Ms. Albert filed against the City for the loss of her home due to fire. As grounds for its ruling, the trial court relied upon the grant of immunity extended to political subdivisions for fire protection services by West Virginia Code § 29-12A-5(a)(5) (2013).1 Acknowledging the creative pleading of her case as arising from the negligent inspection and/or…
2Cases cited16 opinions
- State Ex Rel. McGraw v. Scott Runyan Pontiac-Buick, Inc.West Virginia Supreme Court · 1995
- State v. ElderWest Virginia Supreme Court · 1968
- Hutchison v. City of HuntingtonWest Virginia Supreme Court · 1996
- Wells v. City of LynchburgCourt of Appeals of South Carolina · 1998
- O'DELL v. Town of Gauley BridgeWest Virginia Supreme Court · 1992
11 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Brown v. Mason County CommissionDistrict Court, S.D. West Virginia · 2019
- Bygum v. The City of MontgomeryDistrict Court, S.D. West Virginia · 2021
- Daniels v. Wayne CountyDistrict Court, S.D. West Virginia · 2020
- Davis v. Milton Police DepartmentDistrict Court, S.D. West Virginia · 2020
- Dixon v. FisherDistrict Court, S.D. West Virginia · 2020
12 more not listed; retrieve them via the Exa API.