Neiswonger v. Hennessey

This is an appeal by Kevin Neiswonger and Taunia Neiswonger, his wife, from an order of the Circuit Court of Monongalia County granting the defendants below, Officer B.K. Hennessey and the Morgantown City Police Department, summary judgment in a tort action instituted by the appellants. On appeal, the appellants claim that the circuit court erred in granting summary judgment in this case.

I

FACTS

On November 8, 1998, the appellant Kevin Neiswonger and a friend, Andrew French, were staying at the house of Jim Ayersman, located in Morgantown, West Virginia. Between 1:30 a.m. and 2:00 a.m., while…