Wheeling Park Commission v. Joseph and Kerry Dattoli

No. 14-1332 - Wheeling Park Commission v. Joseph Dattoli and Kerry Dattoli, his wife FILED June 2, 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: This was a simple case in which the court was asked to decide whether the Dattolis made out a prima facie case of negligence against the Commission. In resolving this issue, the majority of the court found a distressing way to blur the lines between legal principles that apply to premises liability causes of actions and actions for injury on property…