Randall v. Fairmont City Police Department

McHUGH, Justice:

In this appeal by the plaintiffs below from a final order of the Circuit Court of Marion County, West Virginia, dismissing the action for failure to state a claim upon which relief may be granted, the primary substantive issue is the constitutionality of the qualified tort immunity provisions of the West Virginia Governmental Tort Claims and Insurance Reform Act of 1986, W.Va.Code, 29-12A-1 to 29-12A-18 [1986], This Court agrees with the circuit court that the qualified tort immunity provisions of such Act are constitutional. The disposi-tive procedural issue, however, is the…