Wolfe v. City of Wheeling

McHugh, Justice:

This case presents the issue of when does an actionable “special” duty exist for a municipality to respond in a reasonable manner to an emergency call for firefighting services. We set forth herein a general test for determining whether a local governmental entity owes a special, as opposed to a public, duty.

I

The plaintiffs, the Wolfes, are the owners of a dwelling located on Wade Avenue, about 200 yards, or about one block, outside the city limits of the defendant, the City of Wheeling, West Virginia (“the city”). In the fall of 1983, the plaintiffs had been billed…