Fisk v. Lemons

(Filed Dec. 15, 1997)

This ease presented three certified questions to the Court: (1) Did W.Va.Code, § 29-12A-5(a)(3) immunize the defendants from liability? (2) Did W.Va.Code, § 29-12A-5(a)(13) immunize the defendants from liability? and (3) Did the plaintiffs have to prove a “special relationship” with the defendants? The majority opinion answered yes to all three questions. I believe the answers the majority reached were legally incorrect and were a tortured result. Therefore, I respectfully dissent.

The majority reached the wrong answers in this case because of a basic misunderstanding of…