Smith v. Burdette

STARCHER, Justice:

The appellant, Thomas Lee Smith, appeals an order of the Circuit Court of Kanawha County granting a motion for summary judg ment in favor of the appellees, Mark Allen Burdette and the City of St. Albans. The appellant argues that the circuit court erred in finding that the City of St. Albans had political subdivision immunity when an on-duty city police officer’s cruiser collided with another vehicle. We agree with the appellant and reverse the circuit court’s entry of summary judgment and remand the case for a trial on the merits of the appellant’s claim against the City.

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