Joseph E. Jackson/W. Va. Dept. of Trans. v. Joseph Wayne Belcher

No. 12-0632 – Jackson v. Belcher FILED September 26, 2013 released at 3:00 p.m. RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS LOUGHRY, Justice, dissenting: OF WEST VIRGINIA I believe that the majority’s opinion makes an overreaching determination that this Court’s decision in Pittsburgh Elevator Co. v. West Virginia Board of Regents, 172 W. Va. 743,

310 S.E.2d 675

(1983), serves to obliterate the immunity clearly granted under West Virginia Code § 15-5-11(a). In my view, the majority opinion’s construction of the statute violates the most fundamental tenets of statutory construction, fails…